My Severance Agreement Deadline Is Tomorrow. What Should I Do?

First, stop panicking. You have more options than you think, even with a deadline staring you in the face. Let's walk through what you should do in the next 24 hours.

Step 1: Request an Extension Right Now

Send your employer an email tonight or first thing tomorrow morning. Keep it short and professional:

"I'm reviewing the severance agreement and would like to request a [7/14/21]-day extension to complete my review and consult with an attorney. Please confirm whether this extension is available."

That's it. Most employers will grant a reasonable extension. They already made the decision to offer you severance, and they'd rather wait a week or two than have you refuse to sign entirely. Very few companies will withdraw an offer just because you asked for more time.

If you're 40 or older and you haven't had at least 21 days to review (45 days for a group layoff), tell them that. Under the Older Workers Benefit Protection Act, that review period is a legal requirement. A deadline that doesn't comply with the OWBPA could make the age discrimination waiver in the agreement unenforceable.

Step 2: Call an Employment Attorney

This isn't the time for a week-long research project. Call a Los Angeles employment attorney who handles severance agreements and explain that you have a deadline. Good employment lawyers deal with urgent situations regularly and can often do an initial review within a day.

When you call, have these things ready: a copy of the severance agreement (take photos of every page if you need to), how long you worked at the company, the reason they gave for your termination, and any concerns about why you were really let go.

An attorney can quickly tell you three things: whether the agreement is standard or has unusual provisions, whether you likely have legal claims worth more than the severance offer, and whether the terms are negotiable.

Step 3: Know What Signing Under Pressure Means

If you feel forced to sign because the deadline is tomorrow and you haven't been able to get legal advice, understand this: California courts look at whether a severance agreement was entered into "voluntarily and knowingly." An agreement signed under extreme time pressure, without the opportunity to consult a lawyer, can potentially be challenged later.

This doesn't mean you should sign now and fight later. It's always better to get the extension and review the agreement properly. But it's a fact worth knowing.

Step 4: Understand What Happens If the Deadline Passes

Let's say the deadline comes and goes. What happens?

Scenario 1: They extend anyway. This is the most common outcome. Most employers will simply set a new deadline.

Scenario 2: They withdraw the offer. This can happen, but it's not as catastrophic as it feels. Remember what's still yours regardless: your final paycheck and accrued vacation (California Labor Code Sections 201-203), your right to file for unemployment through the EDD, your COBRA health insurance continuation rights, and every legal claim you have against the company.

Scenario 3: They come back with a different offer. Sometimes a withdrawn offer gets replaced with a new one, either better or worse. If it's worse, that tells you something about how badly they want that release signed.

What Not to Do

Don't sign without reading every word. Even if the deadline is hours away, read the entire document. Look for anything surprising: a non-compete, an unusually broad confidentiality clause, a cooperation provision that requires you to help them with future lawsuits, or a clawback provision that lets them take the money back under certain conditions.

Don't sign because you feel you have no choice. You always have a choice. The severance payment is not your only source of income going forward. You have unemployment benefits, the job market, and potentially legal claims.

Don't assume the deadline is real. Many deadlines in severance agreements are arbitrary. They were chosen because they create urgency, not because something magical happens when the date passes.

The Clock Is Ticking, But You Have Options

A deadline feels final, but it usually isn't. Ask for an extension. Call a lawyer. And if you're in Los Angeles or anywhere in Southern California, our employment team can do emergency severance agreement reviews. We understand urgency, and we won't let a deadline cost you money or rights you didn't know you had.