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Court Says Employee Who Signed Severance Agreement Can Still Sue2026and Keep the Money. A federal appeals court just ruled that an employee who received severance pay for signing a separation agreement can still keep the money even though she is now suing the employer for the same claims that she released in the agreement

Unless you have an employment contract specifying what you will receive in severance, an employer can generally change its severance plan at any time. There's nothing to stop an employer from modifying the plan or getting rid of it altogether, as long as it provides advance notice to employees.

Court Says Employee Who Signed Severance Agreement Can Still Sue2026and Keep the Money. A federal appeals court just ruled that an employee who received severance pay for signing a separation agreement can still keep the money even though she is now suing the employer for the same claims that she released in the agreement

As a general rule, severance agreements can be rescinded by the employer up until the moment they are signed. Once signed, in general, only the employee can rescind (and that only for a limited period of time).Anyone offered a severance agreement should consult an attorney prior to signing.

Although you don't have to sign a severance agreement, your employer may make it a condition of receiving severance pay.However, in most cases, an employer is free to condition severance on the employee signing the agreement. In other words, if the employee refuses to sign, the employee won't get any severance pay.

Under those principles, an offer to enter into a contract may be revoked (withdrawn) at any time before it is accepted. Therefore, a severance offer can be revoked at any time, including within the 21 day period.After all, you made the decision to offer severance for sound business reasons.

Like any legally binding contract, you can walk away from a severance offer at no detriment to yourself.However, if you refuse to sign the contract and want to file suit, your next step should be consulting with an employment contract attorney who understands the laws in your state.

Employees age 40 or older must be given 21 days to consider the employer's offer, unless it is part of a group termination. In a group termination, employees must be given 45 days. If the employee is younger than 40, there is no specified period of time which the employee must be given to sign the severance agreement.