This is general information, not legal advice. Please consult a lawyer. Many employment lawyers will do a free consultation and only charge a fee if they win your case.
If you’re 40 or older and asked to sign a severance agreement that waives age discrimination claims, the Older Workers Benefit Protection Act (OWBPA) requires that you be given enough time to consider it — 21 days for individual separations and 45 days if it’s part of a group layoff. You must also have 7 days after signing to revoke your acceptance. In a group layoff, the company is additionally required to disclose the job titles and ages of employees selected and not selected in the same decisional unit, so you can evaluate whether older workers were disproportionately affected.
If you already accepted and are over 40 you still have 7 days to withdrawal. If the company does not allow for the required review period then you may still have the option for legal recourse.
Below is an email script to use to document important information to protect your rights.
If the company responds with “Please see the FAQs,” acknowledge that you are aware of the FAQs and would like a direct response to your situation in this email.
I acknowledge receipt of the separation notice effective [date]. Before I take any next steps, I would appreciate some clarification.
Specifically, could you please provide:
1. Whether positions with my current title still exist at the company, or if the role is being eliminated entirely.
2. An explanation of the criteria used in selecting me for separation.
3. Any policies or documents that explain how severance eligibility is being handled.
4. Information about how these decisions are being applied across my department or job group.
5. Since the notice provides less than 45 days to consider the severance agreement, could you clarify why that timeframe was chosen?
I want to ensure I fully understand the process and my options. Thank you for helping provide this information so I can move forward thoughtfully.