The 15-Day Revocation Rule in Minnesota Severance Packages: Timelines and Procedures
Under the Minnesota Human Rights Act, employees who sign a severance agreement have a strict 15-day period to revoke their release of state discrimination claims. The clock starts the day after you sign, and the revocation must be submitted in writing.
When you are offered a severance package in Minnesota, your employer is essentially paying you to sign a release of claims-a promise that you will never sue them for wrongful termination or discrimination. However, Minnesota law provides a powerful safety net for employees who sign these agreements under pressure or later realize they made a mistake. If you work in Bloomington, Eagan, or anywhere else in the state, you have a specific window of time to change your mind. Navigating the exact timelines of this revocation period can be incredibly stressful, and missing the deadline by even one day is fatal to your legal rights. If you are second-guessing a severance agreement you just signed, immediately consult our US Lawyers directory to find a Minnesota employment attorney to guide you through the rescission process.
Waivers Under the MHRA
The foundation of this rule is the Minn. Stat. § 363A.31, subd. 2 (Minnesota Human Rights Act). This state law protects employees from discrimination based on race, gender, age, disability, and other protected classes. When you sign a standard severance agreement, you are waiving your right to file a claim with the Minnesota Department of Human Rights, St. Paul or to sue in state court. However, the MHRA specifically mandates that any waiver of rights under this act must include a written notice stating that the employee has 15 calendar days to rescind the agreement after signing it.
Timelines and Procedures
Understanding exactly how this timeline works is critical. It is not an arbitrary suggestion; it is a rigid statutory deadline.
How to Calculate the 15 Days
Under Minnesota statutory time computation rules set forth in Minn. Stat. § 645.15, the day the agreement is signed is excluded from the calculation, and the 15-day clock begins on the following day. The statutory window counts calendar days, meaning weekends and holidays are included. However, under Minn. Stat. § 645.15, if the 15th day falls on a Saturday, Sunday, or legal holiday, the deadline is automatically extended to the end of the next business day. Employers are legally prohibited from shortening this revocation window, as any contractual provision attempting to restrict MHRA rescission rights is void and contrary to public policy under Minn. Stat. § 363A.31, subd. 1. Under federal law, such as the Older Workers Benefit Protection Act, 29 U.S.C. § 626, workers over 40 also get a 7-day revocation period for age discrimination claims, but the Minnesota 15-day rule applies to all MHRA state claims regardless of age.
Submitting Your Revocation
You cannot simply call your former boss and say you changed your mind. Under Minn. Stat. § 363A.31, subd. 2, the revocation must be formally submitted in writing. Your severance agreement will explicitly state who must receive the revocation notice (usually the HR Director or the company's legal counsel) and how it must be delivered (e.g., via hand delivery, electronic transmission with the employer's consent, or mail). Under Minn. Stat. § 363A.31, subd. 2(3), if you deliver the rescission by mail, it must be postmarked within the 15-day window, properly addressed, and sent by certified mail return receipt requested. Sending the notice via standard first-class mail is invalid under Minnesota law and can forfeit your right to rescind.
What Happens to Your Severance Pay if You Revoke?
If you successfully invoke the 15-day revocation rule, the entire severance agreement is usually nullified. This means you regain your right to sue the company for discrimination, but the company is no longer obligated to pay you the severance money. If they have already deposited the severance funds into your bank account before the 15 days expired (which is rare), you will legally be required to return that money immediately upon revoking the agreement.
How Much Does it Cost in Minnesota?
If you realize you made a mistake and need an attorney to help you formally revoke the agreement and subsequently file a lawsuit, the costs vary.
| Revocation Letter Drafting | $250 to $500 flat fee |
| Agency Charge Filing | $1,500 to $3,000 hourly |
| Wrongful Termination Litigation | 33% to 40% contingency fee |
How Long Does the Process Take?
The revocation timeline is strictly 15 days from the date of signing. Once the revocation is delivered, the agreement is voided immediately. If you then choose to pursue a discrimination claim, the investigation by the state agency can take 6 to 12 months, and a subsequent lawsuit filed in a venue like the Ramsey County District Court, St. Paul can take 1 to 2 years to reach a settlement or trial.
Frequently Asked Questions (FAQ)
Can I revoke my severance agreement after 16 days?
No. The 15-day deadline under the Minnesota Human Rights Act is strict. Once the 15th day passes, your waiver of rights becomes legally binding.
What if I spend the severance money and then want to revoke?
If you have already received the money, you must return the entire amount to the employer to effectively revoke the agreement and pursue a claim.
Does the 15-day rule apply if I am under 40 years old?
Yes. The Minnesota 15-day revocation rule for MHRA claims applies to all employees regardless of age. Federal age discrimination laws provide a separate 7-day rule for workers 40 and older.
Do I need a reason to revoke the agreement?
No. You do not need to provide a legal justification or a specific reason. You simply must submit the revocation in writing within the 15-day window.
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