You just got laid off. Here's what to do, in order.
A layoff is a paperwork emergency with real deadlines, but they're manageable if you hit them in the right order. Do these four things first. Two of them are on a 60-day clock, so start today.
Benefits are not backdated in most states, so every day you wait is money you don't get back. A layoff is a "no-fault" separation, which is exactly what qualifies you. File with your state agency the moment your last day is set.
When job coverage ends you get 60 days to elect COBRA, and losing that coverage also opens a 60-day special-enrollment window on the ACA marketplace, which is often cheaper. Price both before you choose. Miss the window and you can be locked out.
Severance is usually optional (only a few states, like New Jersey, mandate it). If you're offered an agreement, it likely asks you to waive legal claims, including any WARN claim, in exchange for the money. Understand what you're giving up first.
Under the federal WARN Act, large employers must give 60 days' written notice of a mass layoff or closing. If yours gave less, you may be owed back pay and benefits for the missing days, up to 60. It costs nothing to ask an employment attorney whether you have a claim (below).
Go deeper
- Severance, unemployment & COBRA: your first 60 days
- You got a WARN notice, what it means and what to do
- What is the WARN Act? Your right to 60 days' notice
- WARN Act by state: where you get more than 60 days
The WARN Act generally requires large employers to give 60 days' written notice of a mass layoff or closing. If the notice you got fell short, it is worth understanding where you stand, and the time limits for doing something about it are short.
The US Department of Labor's WARN pages set out what the law requires. Most state bar associations run a free or low-cost lawyer referral service, and legal aid organisations handle wage claims for workers who qualify.
General information, not legal advice. CanaryWhistle is not a law firm and not a lawyer referral service. We do not collect or pass on your details, and we take no fee from anyone you contact.
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