State file — Nevada
Severance itself is almost never required by law — but the paper around your exit is. In Nevada, three state rules shape your negotiation: when your last paycheck must arrive, whether a non-compete can follow you to your next job, and what notice a layoff required. If you are 40 or older, the federal clocks (21 or 45 days, plus 7 days to change your mind after signing) apply on top of everything here.
Federal rule only — no Nevada consideration or revocation period for severance/settlement agreements beyond the federal OWBPA.
Run the deadline checker — it counts the federal clock and Nevada's clock together and gives you the dates.
Enforceable only if ALL four statutory tests are met: (a) supported by valuable consideration; (b) no restraint greater than required to protect the employer; (c) no undue hardship on the employee; (d) restrictions appropriate in relation to the consideration. Two hard limits: (1) a non-compete may NOT apply at all to an employee paid solely on an hourly wage basis, exclusive of tips/gratuities (AB 47, effective Oct. 1, 2021); (2) it may not bar a former employee from serving a former customer who voluntarily follows them without solicitation. If employment ends in a reduction in force/reorganization, the covenant is enforceable only while the employer pays salary, benefits, or severance. Courts must revise (blue-pencil) unreasonable time/geography/scope limits where the covenant is otherwise supported by consideration.
Why it matters at the exit table: a non-compete you sign on the way out can matter more than the severance check. If the clause would block your next job, narrowing it is one of the most common — and most granted — negotiation asks.
If the employer discharges the employee, all wages and compensation earned and unpaid at discharge are due and payable IMMEDIATELY. The same immediate rule applies when an employer places an employee on nonworking status (a temporary layoff with recall rights). By contrast, an employee who quits is due by the earlier of the next regular payday or 7 days (NRS 608.030). Late payment accrues waiting-time penalties up to 30 days' wages (NRS 608.040).
Unused vacation: Nevada has no statute requiring payout of accrued, unused vacation at separation; whether it is paid is governed by the employer's policy, agreement, or past practice (per Nevada Labor Commissioner guidance as summarized in secondary compilations).
Final pay is owed whether or not you sign anything. If the date passes without your money, your state labor agency takes these complaints — and many states add penalties for every day of delay.
Nevada has no state layoff-notice law of its own, so the federal WARN Act is the rule: employers with 100+ workers generally owe 60 days' notice of a plant closing or mass layoff (50+ jobs at one site).
Notice failures have their own remedies (back pay for each day of missed notice, in the federal law's case) — separate from the severance agreement, and worth a question if your layoff was large and sudden.
Included in the $49 SeveranceDecoded Kit
One payment. Yours to keep. Works for any severance agreement, any state.
Back to severance laws by state · the deadline checker