What to Do When You Get Fired
Stay calm, ask for the reason and any paperwork in writing, and do not sign a severance agreement on the spot. Check your state's final paycheck deadline, ask about unused vacation, health insurance and COBRA, and retirement accounts. File for unemployment right away. Write down what happened while it is fresh, and talk to an employment lawyer if you suspect discrimination, retaliation or a contract violation.
Losing a job is stressful, and the hours after a termination are when people often make costly mistakes. Here is a checklist.
At the meeting
- Ask why you are being terminated and whether it is a layoff or for cause.
- Ask for written documentation: termination letter, final pay details, benefits information.
- Do not sign a severance or release agreement immediately. You are usually entitled to time to review it, and workers 40 and older get at least 21 days under federal law for most individual releases. See severance.
- Stay professional; anything you say may be repeated.
Your final paycheck
State law sets the deadline, which ranges from immediately to the next regular payday. Some states require payout of unused vacation. Find your state's rule under state laws.
Health insurance
If you had employer health coverage, you may be able to keep it through COBRA for a limited period, usually at full cost plus a fee (Department of Labor). Compare marketplace plans; losing job-based coverage triggers a special enrollment period.
Unemployment
File for unemployment as soon as possible. Being fired does not automatically disqualify you; misconduct does in most states. See unemployment denials.
Retirement and other benefits
Check vesting, 401(k) options, stock awards, life insurance conversion, and any commissions or bonuses owed.
Write down what happened
Record dates, names, what was said, and any events that may explain the firing, such as complaints you made, medical leave, or comments about age, race, pregnancy or disability. Save copies of your own performance reviews and pay records that you are allowed to keep. Our wrongful termination evidence checklist helps.
Was it legal?
Most US jobs are at will, so employers can fire for any reason that is not illegal (Cornell LII). Firing is illegal when it is based on discrimination, retaliation for protected activity, taking protected leave, or violates a contract. See what counts as wrongful termination.
Deadlines
Discrimination charges with the EEOC have short deadlines, generally 180 or 300 days. Do not wait.
Talk to an employment lawyer if anything about the firing seems unlawful.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.
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