New York employers may soon face a significant overhaul in how they manage employee separations. In March, the New York State Senate passed the No Severance Ultimatums Act, S.B. 372, which would substantially alter severance agreement practices across the state. If enacted, the law would require employers to advise departing employees of their right to consult an attorney regarding any severance or separation agreement. It would also impose a mandatory 21-business day period to consider any severance or separation agreement, along with a seven-day revocation period for all terminated employees, regardless of age or position. This marks a considerable departure from current law. Presently, employers are only obligated to provide a consideration period in limited circumstances, such as for employees who are 40 or older as federal law requires, or when certain confidentiality provisions are included in the agreement.

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