Tools / Letter
Ask for a redline
A revised agreement arrived. Nothing is marked. Someone described it as a clean-up, or said nothing has changed. Send this before you sign anything.
Why this matters
Your consent attaches to the version you actually read. If terms were added after you agreed, you are signing something nobody walked you through. A replacement can be hundreds of words longer than the version you approved, with new operative provisions added, while the cover email says nothing has changed.The late swap.
The email
Subject: Revised agreement received [date] - request for a list of changes Dear [name], Thank you for the revised agreement, which I received on [date]. Before I sign, please send either a redlined copy showing each change from the version you provided on [earlier date], or a written list identifying every change. I want to be sure I am agreeing to terms I have actually reviewed. Because the terms changed after the agreement was first provided to me, I am treating the revised version as a new offer and restarting my review period from [date I received the revised version]. I will respond by [date + five business days or your longer federal period]. Please also confirm the complete page count of the revised agreement and list every exhibit or document it incorporates by reference, so I can confirm I have received all of it. If you believe the changes are not material, please say so in writing and include the list so I can evaluate that for myself. Thank you, [Your full name] [Date]
If you are 40 or over
Federal law is on your side here, and it is worth saying so plainly. Under 29 C.F.R. 1625.22, a material change to an agreement waiving age discrimination claims restarts the 21-day, or 45-day, consideration period. The 7-day revocation period after signing cannot be shortened or waived at all. One exception to check before you rely on the restart: the same regulation allows the parties to agree in writing that changes do not restart the period, and some agreements contain exactly that sentence. Search your document for the word "restart" first. Add this paragraph:
Because this agreement includes a release of claims under the Age Discrimination in Employment Act, I am also confirming that I am taking the full consideration period required by 29 U.S.C. 626(f), and the seven-day revocation period after signing. My understanding is that a material change to the agreement restarts the consideration period. Please confirm the date you consider that period to begin.
Then compare it yourself
Do not wait for permission. Comparing two documents takes a few minutes with tools you already have, and it often answers the question before anyone replies. Start with page count and word count, then run a real comparison.How to check your own document.
Whatever happens next
You now have a dated written record that you asked for the changes to be identified. That record is useful if you get the redline, a reassurance, or no reply at all.