When do you have to decide?
Enter the date you received the agreement. The calculator shows the minimum review and revocation periods that federal and Illinois law give you, and which law sets each one.
For informational purposes only. This calculator gives a general estimate. It may not be fully correct, complete, or current for your situation, and it is not legal advice. Do not rely on it to decide whether or when to sign. Confirm your deadlines with a lawyer.
How it counts: calendar days, starting the day after the date you enter. Federal law and the Illinois statute do not say whether a deadline that lands on a weekend or holiday moves, so this tool never moves it. Your agreement may give you more time than the law requires, and facts it does not ask about can change the answer. Using this tool does not create an attorney-client relationship, and nothing you enter here is sent to GB Law.
Have your agreement reviewed before the earliest date above. Call (312) 248-3303 or send a message with your signing deadline.
Already signed? Call (312) 248-3303 today so a lawyer can check whether you can still revoke and whether any term is unenforceable.
How a GB Law severance review works
- Flat fee for the review. You know the cost before we start.
- Negotiation is available if you want us to go back to your employer.
- Timed to your deadline. Tell us when you have to sign. We will confirm right away whether we can finish the review before then.
Call (312) 248-3303 or send a message with your signing deadline. We will arrange a secure way for you to send the agreement.
Plain-English explanation.
A severance agreement is a trade. Your employer pays you, and in return you usually give up the right to sue and take on other promises, such as confidentiality, non-disparagement, or cooperation. A good review starts with three questions: what you are giving up, what you are being paid for it, and how long you have to decide.
GB Law reads the agreement against your facts: why the job ended, any complaints you made or leave you took, what you are already owed in final pay, and what the terms say about references and future work. The goal is a straight answer on whether the offer is fair, what is worth asking for, and whether any term should not be signed as written.
Common situations we see
- You received a severance offer with a short deadline to decide.
- The agreement releases all claims, including ones you have not had a chance to look into.
- A confidentiality or non-disparagement clause limits what you can say about why you left.
- A noncompete or nonsolicit is being added or reaffirmed as a condition of the payment.
- You are 40 or older and the packet includes a list of job titles and ages.
- The payment is structured in a way that affects your taxes, health coverage, or unemployment.
- You suspect the severance is meant to buy a release of a discrimination, retaliation, or wage claim.
What the law may protect.
Severance is generally not required by law unless a contract or policy promises it. When an agreement releases age discrimination claims, the Older Workers Benefit Protection Act requires plain language, consideration beyond what you are already owed, written advice to consult a lawyer, at least 21 days to consider (45 in a group program, along with the job titles and ages of those selected and not selected), and 7 days to revoke (29 U.S.C. § 626(f)(1)). A release cannot stop you from filing a charge with the EEOC (29 U.S.C. § 626(f)(4)). Since January 1, 2026, Illinois voids confidentiality about alleged unlawful employment practices unless it is your documented preference, is supported by separate consideration, follows written notice of your right to a lawyer, and gives you 21 days to consider and 7 days to revoke (820 ILCS 96/1-30). Earned vacation is part of the final pay you are owed anyway (820 ILCS 115/5), so it should not be counted as severance.
Different deadlines and procedures can apply depending on whether the matter involves a private employer, public employer, agency proceeding, wage claim, constitutional claim, or administrative decision. That is why early review matters.
What evidence should you save?
- The severance agreement, every attachment, and any earlier drafts.
- The date and time you received the final version, and how it was delivered.
- Your offer letter, employment agreement, and any noncompete, nonsolicit, or confidentiality agreement.
- Equity and bonus documents: plan documents, award agreements, and vesting schedules.
- Your last pay stubs, W-2, benefits summary, and any COBRA notice.
- Performance reviews, warnings, and any complaints you made or leave you took, with dates.
- The list of job titles and ages in a group layoff packet, if you received one.
Deadlines to know.
Read the date in your agreement first, because it controls whenever no statute sets a longer period. If you are 40 or older, the 21 or 45 days run from the employer's final offer, a material change to the offer restarts them, and the 7-day revocation period cannot be shortened (29 C.F.R. § 1625.22(e)). You may sign early if you choose to, but not because the employer pressured you or offered better terms for signing fast. Illinois gives 21 days to consider and 7 days to revoke when the agreement makes workplace complaints confidential, though you can knowingly waive both. Once any revocation period ends, a signed agreement is generally binding.
Clause by clause: is this normal?
What each common term means for you, and where there is usually room to push back. This guide is for informational purposes only. It may not be fully correct, complete, or current for your agreement, and it is not legal advice.
- General release
- Standard, and the core of what you are trading. Check the scope: it should not release vested retirement benefits, indemnification rights, claims that cannot legally be waived, or the employer's own promises in the agreement. A mutual release is worth asking for when the facts support it.
- Age waiver language
- Required if you are 40 or older and the employer wants a valid release of age claims. Look for at least 21 days to consider (45 in a group program), written advice to consult a lawyer, and 7 days to revoke. 29 U.S.C. § 626(f)(1).
- Confidentiality
- Common. In Illinois, a promise to keep alleged discrimination, harassment, retaliation, or other unlawful employment practices confidential is void unless it is your documented preference, is mutually beneficial, follows written notice of your right to a lawyer, is supported by consideration separate from the release, and gives you 21 days to consider and 7 to revoke. The employer cannot write in on its own that confidentiality is your preference. 820 ILCS 96/1-30.
- Non-disparagement
- Common. Ask for it to run both ways, with the company instructing named managers, and for carve-outs for truthful testimony and communications with government agencies. For employees who are not supervisors, broad confidentiality and non-disparagement terms in severance agreements can violate federal labor law under the NLRB's McLaren Macomb decision (372 NLRB No. 58 (2023)). The Board applied that decision again in April 2026 but signaled it may reconsider it.
- Promise not to file charges
- A release cannot take away your right to file a charge with the EEOC or take part in an EEOC investigation. 29 U.S.C. § 626(f)(4). Ask for a clear carve-out for all government agencies.
- SEC and trade secret carve-outs
- No one may enforce a confidentiality agreement to stop you from communicating directly with SEC staff about a possible securities violation. 17 C.F.R. § 240.21F-17(a). An agreement that governs trade secrets or confidential information must give notice of your federal whistleblower immunity, or the employer loses exemplary damages and attorney's fees against you under the Defend Trade Secrets Act. 18 U.S.C. § 1833(b).
- Noncompete or nonsolicit
- Check the earnings thresholds, whether you were told in writing to consult a lawyer, and whether you got 14 days to review. 820 ILCS 90/10, 90/20. Our guide to Illinois noncompetes has a free threshold checker.
- Cooperation
- Common. Ask for reasonable notice, scheduling around a new job, an hourly rate, and reimbursed expenses.
- No-rehire
- Common. Ask to delete it or limit it to the company that employed you.
- Repayment or clawback
- Ask to limit it to a material breach that is finally determined, with written notice and a chance to fix it.
- Reference and how your departure is described
- Usually missing and worth adding. Agree on who answers reference calls and what they say. Think before agreeing to call it a resignation, because how a separation is described can matter for unemployment.
- COBRA
- Negotiable and often valuable. COBRA can cost up to 102% of the plan's full premium. 29 U.S.C. § 1162(3).
- Unemployment
- Ask the employer to agree not to contest your claim. In Illinois, severance pay does not by itself make you ineligible for benefits. 56 Ill. Adm. Code 2920.45.
- Arbitration and governing law
- Ask for Illinois law and an Illinois forum. If you have a sexual harassment or sexual assault claim, you can choose court over a predispute arbitration agreement. 9 U.S.C. § 402.
What you keep no matter what you sign.
- The right to file a charge with the EEOC and take part in its investigation. 29 U.S.C. § 626(f)(4).
- Age claims that arise after you sign. 29 U.S.C. § 626(f)(1)(C).
- Final pay, including earned vacation at your final rate, which Illinois requires no later than your next regular payday whether or not you sign. 820 ILCS 115/5. It should not be counted as part of your severance.
- The right to talk to SEC staff about a possible securities violation. 17 C.F.R. § 240.21F-17(a).
Related reading: Is a severance agreement final once I sign it?
Questions people ask.
Do I have to sign a severance agreement?
No. In most cases severance is voluntary. If you do not sign, you usually keep your right to bring legal claims but give up the severance payment. Your final pay, including earned vacation, is owed either way under Illinois law (820 ILCS 115/5).
How long do I have to sign a severance agreement in Illinois?
It depends on your age and what the agreement covers. If you are 40 or older and it releases age claims, you get at least 21 days (45 in a group layoff) and 7 days to revoke after signing (29 U.S.C. § 626(f)(1)). If it makes complaints about unlawful workplace practices confidential, Illinois requires 21 days to consider and 7 to revoke, which you can waive (820 ILCS 96/1-30). Otherwise, the deadline in the agreement controls.
Can I negotiate a severance offer?
Often, yes. The employer is paying for your release and other promises, such as confidentiality, cooperation, and non-disparagement, so there is usually something to discuss. Leverage is stronger when you have possible legal claims or long service, but it does not depend only on that.
What if I already signed?
If you are 40 or older and the agreement released age claims, you have 7 days after signing to revoke, and that period cannot be shortened (29 C.F.R. § 1625.22(e)(5)). If it included Illinois confidentiality terms and you did not knowingly waive revocation, Illinois also gives 7 days (820 ILCS 96/1-30(a)(6)). Call a lawyer the same day.
Can a severance agreement stop me from filing an EEOC charge?
No. A waiver cannot take away your right to file a charge with the EEOC or to take part in an EEOC investigation (29 U.S.C. § 626(f)(4)).
Does severance affect unemployment in Illinois?
Severance pay does not by itself make you ineligible for Illinois unemployment benefits (56 Ill. Adm. Code 2920.45). Pay in lieu of a notice period that a contract or uniform policy required is treated differently: for any week where it exceeds your weekly benefit amount, you are ineligible for that week (56 Ill. Adm. Code 2920.40).
Can my employer make me keep the reasons I left confidential?
Only within limits. In Illinois, confidentiality about alleged discrimination, harassment, retaliation, or other unlawful employment practices is void unless it is your documented preference and the agreement meets the other requirements of 820 ILCS 96/1-30. The employer cannot write in on its own that confidentiality is your preference.
How is severance taxed?
Severance paid to an employee is generally treated as wages. Get tax advice before agreeing to split payments into different categories.
What does a severance review from GB Law cost, and how fast is it?
The review is a flat fee, and you know the cost before we start. Negotiation with your employer is available if you want it. Tell us your signing deadline when you reach out and we will confirm right away whether we can finish the review before it.