Your employer may revise a severance offer while you are still deciding what to do. Federal rules give added protections to workers age 40 and older when an agreement asks them to give up rights under the Age Discrimination in Employment Act (ADEA). For most private employers, the ADEA applies when the company has 20 employees or more.
For an individual agreement covered by these rules, you generally receive a 21-day period to consider the final offer. A later change to the agreement can reset that period.
When a change restarts the 21-day period
Federal rules distinguish between major revisions and minor edits. If your employer makes a material change to the offer, the 21-day period generally begins again from the date of the revised final offer. A change that is not material does not restart the period.
The rules do not list every change that counts as material. A major change to severance benefits or the rights you give up may qualify, while a small correction usually has a different effect. The parties can also agree that a revision will not restart the consideration period.
What happens if you accept early
You do not have to use the full 21-day period before accepting an individual offer. Federal rules allow you to sign sooner when you make that decision knowingly and voluntarily. Your employer cannot obtain an early signature through fraud, false statements or a threat to withdraw or change the offer before the period ends.
After you sign, a separate seven-day revocation period begins. You retain the right to cancel the agreement during those seven days, and the parties cannot shorten that period.
Keeping track of a revised offer
If your employer sends a new version, you may want to keep both copies and note when you received each one. Comparing the terms can help you identify what changed and how the federal rules apply. Keeping those records together can also help you review your workplace rights and prepare for any legal process that follows.