Not before someone reads it. A severance agreement usually asks you to give up claims you may not have valued yet. Some terms are unenforceable no matter what you sign: no agreement can limit your right to participate in an EEOC proceeding, and California and Washington both void clauses that silence discussion of unlawful workplace conduct.
In this guide
What you are being asked to give up
A severance agreement is a trade. Money now, in exchange for releasing claims. The question is never whether the money is nice. It is whether the money is more than the claims are worth, and you cannot answer that without knowing what claims you have.
That is the timing problem. Employers usually present the agreement at the moment you know least: the day of the termination, before you have gathered documents, before anyone has told you which deadlines apply, and while you are worried about rent.
You are not obliged to sign on the spot. In most cases you are not obliged to sign at all. Severance is generally not a legal entitlement, which cuts both ways: the employer is offering it because it wants something, and what it wants is the release.
Terms that do not bind you no matter what the paper says
The right to talk to the EEOC survives. The agency's guidance states that "no agreement between you and your employer can limit your right to testify, assist, or participate in an investigation, hearing, or proceeding conducted by the EEOC," and that any provision purporting to do so is invalid and unenforceable.
California goes further. It is an unlawful employment practice for an employer to require an employee, in exchange for a raise or bonus or as a condition of employment, to sign a release of a FEHA claim, or to sign a nondisparagement agreement to the extent it denies the employee the right to disclose information about unlawful acts in the workplace. Separation agreements may not prohibit disclosure of information about unlawful acts, and a restricting clause must include language stating that nothing in the agreement prevents you from discussing unlawful acts such as harassment or discrimination. Any provision in violation is against public policy and unenforceable.
Washington voids these clauses outright. A provision not to disclose or discuss conduct the employee reasonably believed to be illegal discrimination, harassment, retaliation, a wage and hour violation, or sexual assault "is void and unenforceable," and it is a violation for an employer to request such a provision, to retaliate for such disclosure, or to attempt to enforce a prohibited clause.
Both states let an agreement keep the settlement amount confidential. It is the conduct that cannot be silenced, not the number.
Time to read it: what the law gives you
If you are 40 or older and the agreement releases age claims, federal law sets minimums. The waiver must give you at least 21 days to consider the offer, or 45 days if it is part of a group termination program, and at least seven days to revoke after signing. The EEOC states the seven-day revocation period cannot be shortened by the parties, by agreement or otherwise. A waiver of age claims that fails any of the required conditions is invalid.
In California, an employer offering a separation agreement must notify the employee of the right to consult an attorney and give a reasonable period of not less than five business days to do it. You may sign sooner, but only if that decision is knowing and voluntary and was not induced by a threat to withdraw or alter the offer.
If neither of those applies to you, ask for time anyway. An employer that refuses to give you a few days to have a lawyer read a document is telling you something about the document.
The clocks do not stop while you decide
This is the part people miss. Negotiating over a severance agreement does nothing to your filing deadlines. They run in the background the entire time.
That is a bigger problem in some states than others. Twenty-one days of consideration against a 180-day Texas window is a real bite. Against California's three-year window it is not.
So do two things at once. Have the agreement reviewed, and separately find out what your deadline is and calendar it. If a negotiation drags toward that date, the deadline wins and the filing goes in.
If you work in Texas or Nevada, the federal protections above still apply to you. The state-specific limits on silencing clauses described here are California and Washington statutes.
Questions, answered.
I already signed. Is it over?
Not necessarily. A waiver of age claims that fails the required conditions is invalid, and clauses that silence discussion of unlawful conduct are unenforceable in California and Washington. Even a valid release cannot stop you participating in an EEOC proceeding. Have the actual document reviewed before you conclude anything.
Can I negotiate, or is it take it or leave it?
It is frequently negotiable, and the terms other than the dollar figure often matter more: the reference the employer will give, the characterization of your departure, and how narrowly the release is drafted. Whether to negotiate depends on what your claims are worth, which is what a consultation is for.
Does signing stop me from filing with the EEOC?
No agreement can limit your right to participate in an EEOC investigation or proceeding. A release can affect what you personally recover in a private lawsuit, which is a different question and the one worth getting advice on.