What would you do about 21 days to sign, is this enough??

I was laid off on Tuesday from a mid-size tech company. They offered me four weeks of severance (I was there for three years) in exchange for signing a separation agreement. The agreement says I have 21 days to review and sign. It includes a general release of all claims, a non-disparagement clause, a 12-month non-compete, and a 12-month non-solicitation of employees.

Is 21 days standard? It feels like they are rushing me. Also, the non-compete says I cannot work for any “competing business” for a year. I am in software engineering and basically every tech company could be considered a competitor. That seems really broad.

Is four weeks of severance even worth all these restrictions? I feel like I am giving up a lot.

The 21-day review period is actually a legal requirement, not the company being generous. Under the Older Workers Benefit Protection Act (OWBPA), if you are over 40 and the severance includes a release of age discrimination claims (which most general releases do), the employer must give you at least 21 days to consider the agreement. For group layoffs (reductions in force), the requirement is 45 days.

In addition, once you sign, you have a 7-day revocation period during which you can change your mind. This is also a legal requirement under the OWBPA. The severance does not become effective until the 7-day period expires. If the agreement does not include these provisions, the release may not be enforceable.

Now, regarding the substance: four weeks for three years of service is on the low end but not unusual. A common benchmark is one to two weeks per year of service, so four to six weeks would be the expected range. You have room to negotiate.

The non-compete is the biggest concern. Whether it is enforceable depends on your state. Several states have severely restricted or banned non-competes in the last few years. Even in states where they are allowed, they must be reasonable in scope, geography, and duration. A blanket restriction on working for any “competing business” in tech for 12 months would likely be challenged as overbroad in most jurisdictions.

I am 38 so does the OWBPA still apply? And I am in Washington state if that matters for the non-compete.

If you are under 40, the OWBPA 21-day requirement technically does not apply. However, many companies give 21 days to all employees regardless of age to avoid treating people differently. The 21 days is still your contractual right even if not a statutory one.

Washington state is very relevant for the non-compete. In 2020, Washington passed RCW 49.62, which significantly restricts non-competes. Under this law, non-competes are only enforceable against employees who earn more than a specific threshold (adjusted annually — it is around $116,000 for 2025). If you earned less than that, the non-compete is void by statute.

I would strongly recommend having an employment attorney review the full agreement. The non-compete issue alone could be worth tens of thousands of dollars to you if it delays your next job.

Speaking as someone who has drafted these agreements: everything is negotiable. The initial offer is the floor, not the ceiling. The non-disparagement clause is usually the one thing companies care most about keeping. The non-compete is often included as boilerplate and many companies will remove or narrow it if asked.

The non-solicitation of employees is the other one companies fight for. They do not want you recruiting your former team to your new job. That one is usually reasonable and I would suggest accepting it unless it is overly broad.