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If you’ve been terminated after years on the job, ask for the complete written severance offer and release before deciding whether to sign. Compare the new money and benefits with what you are already owed, identify the rights and future obligations in the agreement, and make a focused written request for any changes you want. In the United States, long service alone does not create a general federal right to severance or a fixed payment based on years worked.
First, find out what you are already entitled to
This is a general overview of U.S. federal law, not a determination of your rights under a particular state’s law or agreement. The U.S. Department of Labor says the Fair Labor Standards Act does not require severance pay; severance is generally a matter of agreement between the employer and employee or their representative. An employment contract, collective bargaining agreement, employer policy or benefit plan, or state law may create separate rights. Check those sources before treating the proposed package as your full entitlement.
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Keep a clear distinction between amounts already owed and anything offered in exchange for signing a release. The EEOC advises employees to check that the agreement provides value they are not already entitled to receive. That distinction matters when assessing the offer: unpaid wages or benefits owed under applicable rules are not the same as additional consideration for giving up claims.
Prepare before you respond
- Request the complete documents. Ask for the full agreement, every exhibit it refers to, written benefit information, and the offer deadline. Keep copies and make a note of when you received them.
- Read the payment and benefit terms together. Identify the amount, payment date or schedule, conditions for payment, and any insurance or other benefit continuation. Don’t assume an amount is available immediately or that benefits continue on the same terms as before.
- Mark the terms you don’t understand or want changed. Note unclear wording, missing information, deadlines, and any terms that would affect your plans after leaving. Ask for clarification in writing rather than relying on an informal explanation.
- Set priorities. Decide which changes matter most to you—for example, payment timing, an employer contribution toward health coverage, neutral reference language, or more time to review. These are subjects to propose, not terms federal law guarantees in every case.
Evaluate the whole offer, not just its headline amount
Use this comparison when reviewing one offer or asking the employer to revise it. The right priorities depend on your circumstances; there is no universal scoring formula or federally established “weeks per year of service” standard.
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| What to compare | Questions to answer |
|---|---|
| Additional cash | How much is newly offered, when will it be paid, and what conditions must you meet? |
| Benefits and insurance | What coverage or other benefits continue, for how long, and who pays the cost? |
| Rights released | What claims or other rights does the agreement ask you to give up, and what consideration is offered in return? |
| Future obligations | What does it require about confidentiality, non-disparagement, cooperation, property return, or other conduct after termination? |
| Other potential rights | Could a contract, benefit plan, state rule, or WARN obligation affect the package or payments? |
Make a specific, written counterproposal
Once you know your priorities, send a concise, professional request to the employer’s stated contact. Tie each request to a specific term and ask for the revised agreement in writing. You can ask for changes without assuming the employer has to negotiate or accept them.
- State the term you want changed, such as the payment date or reference language.
- Say what wording or outcome you are requesting, rather than asking generally for a “better package.”
- If you want more review time, request a specific extension before the stated deadline.
- Ask the employer to confirm how a proposed revision affects the payment, benefits, release, and deadlines.
For example: “Thank you for sending the agreement. I’m reviewing the release and benefit terms. Would the company consider [specific change]? Please send any revised terms and confirm the date by which I need to respond.” Keep your request factual and save the reply with the other documents.
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Understand what the release does—and does not do
A severance release may seek a waiver of legal claims in exchange for added money or benefits. Read its scope rather than relying on the label “general release.” Pay attention to which claims and time periods it covers, and to provisions addressing references, confidentiality, cooperation, non-disparagement, and return of property. Ask an employment lawyer about clauses whose legal effect you do not understand; whether a particular provision is valid depends on the wording and circumstances.
An agreement cannot lawfully stop you from filing a charge with the EEOC or participating in an EEOC investigation, hearing, or proceeding. A waiver also cannot cover claims that arise after you sign. Those limits do not make every release clause invalid, so consider the actual terms and what you may be giving up before signing.
If you are 40 or older, check the age-waiver rules carefully
The Age Discrimination in Employment Act (ADEA), as amended by the Older Workers Benefit Protection Act, sets conditions for a valid waiver of ADEA claims. The EEOC says the waiver must be written understandably, specifically refer to ADEA rights or claims, not waive future claims, offer additional consideration, and advise you in writing to consult an attorney.
The minimum review and revocation periods depend on the kind of offer:
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| Offer type | Minimum time to consider | After signing |
|---|---|---|
| Individual offer | 21 days | At least 7 days to revoke |
| Group or class termination program | 45 days | At least 7 days to revoke |
These are statutory minimums for ADEA waivers, not automatic review periods for every severance agreement or every employee. The waiver does not become effective until the revocation period ends. For a group or class program, the employer must also provide information about the decisional unit, eligibility factors and time limits, and the job titles and ages of employees eligible or selected and those not selected in the relevant group or classification. The appropriate decisional unit depends on how the employer made its selections. If these disclosures are missing or unclear, get legal advice before relying on the agreement.
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Severance and notice under the federal Worker Adjustment and Retraining Notification (WARN) Act are not automatically interchangeable. Whether WARN applies depends on the circumstances. The Department of Labor says voluntary and unconditional severance payments that are not otherwise legally required can, in some situations, offset WARN back-pay liability; payments required by contract or policy generally do not. Courts differ on how WARN back pay is measured, so do not assume the offer settles a possible WARN issue.
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Also check the health-coverage and unemployment steps that apply to you. Some workers may be able to elect continued group health coverage, and some may qualify for unemployment compensation under their state’s rules. Ask the relevant plan administrator or state agency about your situation, timing, and required actions rather than assuming the severance agreement answers those questions.
When to get a lawyer’s review
The EEOC recommends considering legal advice before signing a waiver. A review may be especially useful if the release is broad or hard to understand, the amount or consequences are significant, you have a discrimination or retaliation concern, group-program disclosures are missing, or you are unsure which payments are already owed. You are not required by the EEOC guidance to hire a lawyer in every case, but a lawyer familiar with employment law in your state can assess the agreement and any rights outside this federal overview.
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