Severance Agreement Form Withdrawn In Wake
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FAQ
Can a severance agreement be withdrawn? It depends. In many states, you may withdraw your agreement to the severance package within seven days after you sign it. If you have 21 days to consider the offer, then your employer cannot withdraw it during that time.
Okay, unfortunately without any type of contractual obligation a severance package is entirely voluntary on the part of the employer and they can rescind that offer at any time up until the employee accepts it.
While it is unusual for an employer to withdraw a severance offer, it is important to understand that the offer may be rescinded, even if it is covered by the OWBPA. Employers need to be cognizant of their rights in the event of bad behavior by the employee before the agreement is signed.
Fraud, misrepresentation, duress, or unconscionability are common defenses you can use if you want to void a severance agreement that you already signed.
Lack of Voluntary Consent: Under California law, a severance agreement can be considered valid and enforceable only if the parties entered into it voluntarily. If your consent was obtained through coercion, duress, or fraud, the agreement will be deemed invalid.
It is unusual, but a company may rescind a severance package offer, especially if there is bad behavior by the employee before the agreement is signed.
If so, California law requires that before signing a severance agreement, your employer advise you that you have right to consult an attorney and that you have at least 21 days to consider the agreement before signing it. You also have 7 days after signing the agreement to revoke it.