Resource Aid Center

5 min read · Last updated July 17, 2026

In this article

– The first 24 hours: what to secure – The rights that protect your money – What you can safely sign, and when – The mistakes that cost people – What to do at 30, 60, and 90 days – Frequently asked questions

Your manager just said the words, and now you are standing in the parking lot holding a folder and wondering what you are actually owed. The shock is real, but the next few days decide how much of your money and coverage you keep. Knowing your rights puts you back in control.

The first 24 hours: what to secure

Before the adrenaline fades, lock down four things.

Ask for the reason and the date in writing. You will need them for unemployment and for any dispute later.

Ask when your final paycheck is coming and what it includes. Confirm whether unused paid time off is being paid out.

Ask when your COBRA election notice will arrive so you can watch for it. Your health coverage decision depends on it.

Request a copy of your personnel file. Many states give you the right to it, and it is far easier to get on your way out than weeks later.

The rights that protect your money

Federal and state law give you protections many workers never use.

Your final pay. When your last wages are due is set by your state. Some states require payment on your last day, others by the next regular payday. The rules also cover whether unused vacation must be cashed out. You can check the worker protections that apply to you through the federal labor laws and worker rights guide.

Advance notice of a mass layoff. If you were part of a large layoff or a plant closing, the federal WARN Act generally requires 60 days of advance notice or pay in place of it. The law usually covers employers with 100 or more workers, and when it applies, a missing notice can entitle you to up to 60 days of back pay and benefits. Several states have their own “mini-WARN” laws with lower thresholds. So if a whole team or site was cut at once, ask your state labor office whether notice was owed to you.

Your health coverage. Losing your job triggers COBRA, which lets you keep your employer plan by paying the full premium. Your plan must send the election notice within roughly 14 to 44 days, and you then have 60 days to elect. The details are at USA.gov’s COBRA page.

Unemployment. Your right to file cannot be waived, blocked, or bargained away by your employer, even in a severance agreement. File the day you are let go, because benefits usually start from your filing date, not your last day. Start at USA.gov’s unemployment benefits page.

Here is how the money-protecting rights line up.

Right	What it protects	The clock
Final paycheck	Your last wages and, in many states, unused PTO	Last day or next payday, by state law
WARN notice	60 days notice or pay for a mass layoff	Applies to larger employers
COBRA	Continued health coverage	Notice in 14-44 days; 60 days to elect
Unemployment	Income bridge; cannot be waived	File the same day you are let go

What you can safely sign, and when

The document your employer most wants signed is the severance agreement, and it is the one you should slow down on. Signing it usually means giving up your right to sue, so read it before you agree to anything.

If you are 40 or older, federal law gives you 21 days to consider a severance offer and 7 days to revoke after you sign. Younger workers are not guaranteed those windows, but you can still ask for time. A same-day signature is almost never required.

Watch for a non-compete clause. Employers often imply these are ironclad, but their enforceability varies widely and has been under active federal scrutiny. Before you assume you cannot take a similar job, review the current rules at the FTC’s non-compete page and, if the stakes are high, have an employment attorney look at it.

The mistakes that cost people

Signing the severance on the spot. Once you sign, your bargaining power and often your right to contest the terms are gone. Take the days the law gives you.

Waiting to file for unemployment. Every week you delay is often a week of benefits you never recover. File now, even if severance is coming.

Letting the COBRA window pass. The 60-day clock is easy to lose in the chaos. Compare COBRA against a Marketplace plan, but do not let the deadline slip.

Assuming your PTO is automatically paid. In some states it is, in others it depends on company policy. Ask directly and get the answer in writing.

What to do at 30, 60, and 90 days

By day 30: Unemployment claim filed and active. Final pay and any PTO payout received and checked against what you were owed.

By day 60: Your COBRA or Marketplace coverage decision made and submitted. Severance reviewed, and signed only if the terms are right.

By day 90: Reassess. Confirm your benefits are in place, keep meeting your state’s job-search requirements, and revisit any non-compete before accepting a new role.

Being let go is disorienting, but it is a process with rules that favor you more than you think. Work the list, watch the clocks, and you keep what you are owed.

Frequently asked questions

When is my employer legally required to give me my final paycheck? It depends on your state. Some states require your final wages on your last day of work, others by the next regular payday. Many states also set rules on whether unused paid time off must be paid out. Ask your employer in writing and check your state’s worker protection rules.

Can my employer stop me from collecting unemployment? No. Your right to file for unemployment cannot be waived or blocked by your employer, even in a severance agreement. The state decides your eligibility, not your former employer. File your claim the day you are let go so you do not lose payable weeks.

Do I have to sign a severance agreement right away? No. A same-day signature is almost never required. If you are 40 or older, federal law gives you 21 days to consider the offer and 7 days to revoke after signing. Use that time to read what rights you are giving up.

How long do I have to keep my health insurance through COBRA? Your plan must send your COBRA election notice within about 14 to 44 days of your coverage ending, and you then have 60 days to elect. Compare COBRA’s full-premium cost against a Marketplace plan before you decide, but do not miss the 60-day window.

Is my non-compete actually enforceable? Often less than your employer implies. Enforceability varies by state and has been under active federal review. Do not assume it binds you. Check the current federal guidance and, if the job stakes are high, have an employment attorney review it before you turn down work.