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Employment Law 3 min readJanuary 28, 2026

I Was Handed a Severance Agreement. Now What? (Updated 2026)

AG

Albert G. Stoll, Jr.

President, Stoll & Haynes, Inc.

Have a severance agreement? Stop — don’t sign anything yet. Here’s what to do instead:

What To Do If You Receive a Severance Agreement

Have a severance agreement? **Stop — don’t sign anything yet.**

Here’s what to do instead:

Step 1: Don’t Sign Now

Your employer wants you to sign the agreement.

You should:

* Review it * [**Get legal advice**](https://stollhaynes.com/contact-personal-injury-employment-lawyers/)

Important: If you’re 40 or older

Federal law gives you [21 days to review an agreement](https://www.eeoc.gov/laws/guidance/qa-understanding-waivers-discrimination-claims-employee-severance-agreements) that includes a release of age discrimination claims, and 7 days to revoke it if you do sign it.

Step 2: Gather Your Documents

Bring these documents to an attorney experienced in [employment law](https://stollhaynes.com/san-francisco-employment-lawyer/) :

* Your severance agreement * Any employment contracts, NDAs, or non-competes * [Employee handbooks](https://stollhaynes.com/resources/good-employees-handbooks/) * Documents outlining vacation, PTO, and benefits * Performance reviews or warnings * Emails and Slack/Teams messages

Step 3: Make a Summary

Before meeting an attorney, write down:

* A quick timeline of events that led to your termination * What was said in meetings or termination conversations * Key people involved in your termination and their roles

The attorney will want to know:

* When you were terminated * Who was in the room * What they told you * What reason they gave * What you think the reason for your termination was

Step 4: Get Legal Advice

A severance agreement attorney in San Francisco will:

* Check if your agreement is legally enforceable, including whether it has valid consideration and a release of claims * Make sure your severance offer is fair * Identify ways to potentially increase your severance * Protect rights you might need later

[Infographic explaining what to do if you receive a severance agreement](https://stollhaynes.com/wp-content/uploads/2012/12/what-to-do-if-you-receive-a-severance-agreement.png)

What To Do If You Receive a Severance Agreement FAQs

**Should I sign a severance agreement right away?**

No, you should always review it first, preferably with a severance agreement attorney in San Francisco. Signing too quickly may cost you money and your rights.

**How long do I have to review a severance agreement?**

Your employer will usually allow you some time to review it. Federal law gives employees aged 40 and older 21 days to review a severance agreement that includes a release of age discrimination claims.

**Can I negotiate my severance package?**

Yes, many terms may be negotiable, such as extra pay or extended benefits. The right attorney could help you get better terms.

Additional Severance Agreement Resources From Stoll & Haynes

* [Severance Agreement Attorney in San Francisco](https://stollhaynes.com/practice-areas/employment-law/severance-negotiation/) * [A Severance Agreement Might Not Be Enforceable Without Consideration](https://stollhaynes.com/a-severance-agreement-must-have-consideration-to-be-enforceable/) * [Leaving Your Job? Don’t Sign Your Severance Agreement Just Yet](https://stollhaynes.com/severance-agreement-dont-sign/)

Stoll & Haynes helps you understand what to do if you receive a severance agreement.

[Free Legal Review of Your Severance Agreement](https://stollhaynes.com/contact-personal-injury-employment-lawyers/)

Or call Stoll & Haynes at: 415-576-1500

Don’t sign away money and rights. Act now.

**Disclaimer:** This article is for general information purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need advice about your specific situation, please contact Stoll & Haynes directly.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For advice specific to your situation, please consult a licensed attorney. Laws change frequently; while we strive for accuracy, this article may not reflect the most current legal developments.