Why Do I Have to Wait 21 or 45 Days to Accept My Severance Agreement?

Your employer must provide you with 21 (or 45) days to accept the agreement and 7 days to revoke the agreement after signing in order for there to be a valid waiver of your potential claim for age discrimination. This is required pursuant to the Older Workers Benefits Protection Act and is designed to prevent employers from forcing employees to make immediate decisions regarding waiving their rights. Notwithstanding the 21 (of 45) day waiting period, you may accept the offer before the end of the waiting period.

January 12, 2011 – Castronovo & McKinney – Tom McKinney

About the Author

Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.