A timestamped record of when it was offered and signed

Severance Agreement Electronic Signature: Sign a Severance and Release Online

SignSend sends the severance and release, records exactly when the employee received it and when they signed, and returns one executed copy with an audit certificate. That timeline is the proof your consideration and revocation windows were honored.

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Legally binding in all 50 states

A severance agreement is the contract where an employer provides pay or benefits in exchange for a departing employee's release of legal claims. The release is only worth what you can prove about how it was signed. For any employee 40 or older, the Older Workers Benefit Protection Act requires a specific consideration window (at least 21 days for an individual agreement, 45 for a group termination) and a 7-day period after signing during which the employee can revoke. If you cannot show those windows were honored, the age-claim waiver you paid for may not hold.

SignSend puts that timeline on the record. When you send the severance and release, the audit trail captures when the employee received it and the exact date and time they signed, so the consideration period and the start of the 7-day revocation window are documented, not remembered. The employee signs from home on their own schedule, you get one executed copy with a certificate, and the whole exit stays off paper. This page covers how severance agreements get signed electronically, why the timeline matters, and the questions HR and founders ask before moving separation paperwork online. It is general information, not legal advice.

Can a severance agreement be signed electronically?

Yes. A severance agreement is a private contract between employer and employee, so an electronic signature on it is valid and enforceable under the federal ESIGN Act and state UETA laws, the same as ink. There is no wet-ink or notary requirement. What a signed release needs to survive a challenge is proof that it was knowing and voluntary and that any required windows were honored, and an audit trail records exactly that.

Signing electronically also removes the friction from an already difficult conversation. The employee does not have to sign in the room under pressure. They get the agreement, take the time the law and your policy allow, and sign from home when they are ready. You get a completed copy the moment they do, with a timeline that shows the process was clean.

The OWBPA timeline, on the record

The Older Workers Benefit Protection Act sets hard timing rules for waivers of age claims by employees 40 or older, and missing any of them can void the age waiver. The value of an e-signature audit trail here is simple: it timestamps when the agreement was delivered and when it was signed, so the consideration period and the revocation window are documented facts rather than something you have to reconstruct later. Confirm the exact requirements with counsel, since this is general information and not legal advice.

SituationConsideration periodRevocation period
Individual separation (age 40+)At least 21 days to consider7 days to revoke after signing
Group or class termination (age 40+)At least 45 days, plus required disclosures7 days to revoke after signing
Employee under 40Set by policy or negotiationSet by agreement

Because the 7-day revocation period cannot be waived, the release does not become effective until it runs. A dated audit certificate makes the start and end of that window unambiguous.

What a release can and cannot cover

A severance agreement can release most employment claims in exchange for consideration beyond what the employee was already owed, but some rights cannot be signed away. An employee can still file a charge with the EEOC, collect unemployment they qualify for, and keep vested benefits, regardless of the release language. Since 2023, the National Labor Relations Board's McLaren Macomb decision has also limited overly broad confidentiality and non-disparagement terms that would tend to interfere with the Section 7 rights of non-supervisory employees.

None of that changes how you sign the document, but it is why the signed version and its date matter so much. If terms are later revised to comply, you want a clear record of which version the employee actually signed and when. SignSend keeps one executed copy per agreement with that history attached.

What SignSend does for severance agreements

Built for the separation document whose value depends on proving how and when it was signed.

A timestamped signing record

The audit certificate shows when the employee received the agreement and the exact date and time they signed, so the consideration period and the 7-day revocation window are documented.

Send on the employee's schedule

The employee reviews and signs from home, on their own time, within the window you set. No awkward in-office signing, no scanned pages emailed back.

One executed copy to keep

Get a single completed PDF of the signed release, not a folder of drafts and signature pages, and store it with the personnel file for as long as claims can be brought.

Bundle the exit packet

Add the final-pay acknowledgment, benefits or COBRA notice, and return-of-property form to the same envelope so the whole separation is handled in one send.

Reusable template

Save your standard severance and release, then send the next one in a minute with the fields already placed and only the terms to update.

Flat pricing, no per-seat fees

A layoff of one or of forty costs the same flat price. No per-signer charges and no envelope caps in a month you did not plan for.

How to sign a severance agreement online

From offer to a signed, dated release you can produce years later.

1

Upload the severance and release

Drag and drop the agreement as a PDF or Word file, up to 50MB. Add the benefits notice or final-pay acknowledgment to the same envelope if those need signing too.

2

Add the employee and fields

Place signature, printed-name, and date fields, assign them to the employee, and send it after your review period gives them the full time the law requires.

3

Send and file the executed copy

The employee signs from any device. When it is complete, download the signed release with its audit certificate and keep it with the personnel record.

How severance signing compares

Most vendors bill by the seat. You send severance agreements in bursts around a layoff, not on a steady monthly cadence.

Feature SignSend Pro Typical vendor
Starting price $12/mo flat $25/user/mo+
Per-user fees None Per seat
Documents per month Unlimited Envelope caps
Employee needs an account No Sometimes
Timestamped audit trail Included Varies
Multiple docs in one envelope Included Higher tiers
Reusable templates Included Higher tiers

Who signs severance agreements on SignSend

HR and People teams

Handle individual separations with a clean, dated record that shows the consideration and revocation windows were honored.

Founders and small businesses

Send a departing employee the severance and release without a lawyer in the room, and keep one signed copy on file.

Companies running a layoff

Send a group termination's agreements in one burst, each timestamped, without paying per employee to do it.

Employers offboarding remote staff

The employee signs from wherever they are, so distance never delays a clean, documented separation.

Severance agreement e-signature questions

Can a severance agreement be signed electronically?

Yes. A severance agreement is a private contract, so electronic signatures on it are valid and enforceable under the federal ESIGN Act and state UETA laws, the same as ink. No notary is required. The audit trail that records when the employee received and signed the release is the evidence that the process was clean.

How long does an employee have to sign a severance agreement?

It depends on the employee. Under the OWBPA, an employee 40 or older must get at least 21 days to consider an individual agreement, or at least 45 days in a group termination, plus 7 days to revoke after signing. For employees under 40, the time is set by your policy or negotiation.

Do you have to sign a severance agreement?

No. Signing is voluntary. An employee can decline, though declining usually means giving up the severance pay or benefits offered in exchange for the release. Because it is a choice, the record should show the employee had the required time to consider it and signed on their own.

Is severance pay required by law?

Generally no. Federal law does not require severance pay in most cases. It becomes owed when it is promised in a policy or contract, or triggered under the WARN Act for certain mass layoffs. Because it is usually a contract, the signed agreement and its terms are what govern.

Does a severance agreement need to be notarized?

No. A severance and release is a private contract that does not require notarization to be valid. What makes it enforceable is that it was knowing and voluntary, supported by consideration, and, for employees 40 or older, that the OWBPA timing rules were met. An audit trail documents the timeline.

Can a severance agreement be revoked after signing?

For employees 40 or older, yes. The OWBPA gives them a 7-day period after signing to revoke, and that window cannot be waived, so the release is not effective until it passes. A dated audit certificate makes the start and end of the revocation period clear and easy to prove.

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