Laid off? Key rules and deadlines for your first week

Your final paycheck

Federal law does not require employers to pay a former employee’s final paycheck immediately. Some states do. If the regular payday for the last pay period has passed without payment, the U.S. Department of Labor’s Wage and Hour Division or the state labor department handles complaints. (U.S. Department of Labor)

Advance notice

The federal WARN Act generally requires employers with 100 or more employees to give 60 days’ written notice of a plant closing or a mass layoff at a single site. Some states require more. See the WARN Act guide for who is covered. (U.S. Department of Labor)

Unemployment benefits

Each state runs its own unemployment insurance program and decides who qualifies, how much is paid and when to file. The state’s website is the official source for its rules. (CareerOneStop, U.S. Department of Labor) Our state-by-state list links to each one.

Severance releases, if you are 40 or older

Under the Older Workers Benefit Protection Act, a release of age-discrimination claims signed by a worker 40 or older is valid only if, among other conditions, the worker gets at least 21 days to consider it (45 days when the offer is made to a group of employees) and at least 7 days after signing to revoke it. (29 U.S.C. § 626(f); EEOC)

Who this covers: workers 40 and older, employers with 20 or more employees (the federal age-discrimination law’s definition of employer), and releases of federal age-discrimination claims. (29 U.S.C. § 630(b)) There is no federal requirement to offer severance at all; see the severance guide.

Health coverage

COBRA: group health plans of employers with 20 or more employees must offer continuation coverage, and the election period lasts at least 60 days, counted from the later of the date coverage ends or the date of the election notice. (29 U.S.C. § 1161; 29 U.S.C. § 1165) Many states have similar “mini-COBRA” laws for smaller employers. (U.S. Department of Labor)

Marketplace: losing job-based coverage can qualify you for a Special Enrollment Period on HealthCare.gov if the loss happened in the past 60 days or is expected in the next 60 days. (HealthCare.gov) States that run their own marketplace may set their own windows.

See the COBRA guide for costs and how long coverage lasts.

Help finding work

CareerOneStop, sponsored by the U.S. Department of Labor, lists nearly 2,300 American Job Centers that help people search for jobs and find training. (CareerOneStop) You can also see which employers in your field are cutting jobs.

Sources

1. Last Paycheck, U.S. Department of Labor
2. Plant Closings and Layoffs, U.S. Department of Labor
3. Find Unemployment Benefits, CareerOneStop, sponsored by the U.S. Department of Labor
4. 29 U.S. Code § 626(f): Waiver (Older Workers Benefit Protection Act), Legal Information Institute, Cornell Law School
5. 29 U.S. Code § 630(b): Definition of employer (Age Discrimination in Employment Act), Legal Information Institute, Cornell Law School
6. Q&A: Understanding Waivers of Discrimination Claims in Employee Severance Agreements, U.S. Equal Employment Opportunity Commission
7. 29 U.S. Code § 1161: Plans must provide continuation coverage (small-employer exception), Legal Information Institute, Cornell Law School
8. 29 U.S. Code § 1165: Election (COBRA election period), Legal Information Institute, Cornell Law School
9. An Employee’s Guide to Health Benefits Under COBRA, U.S. Department of Labor, Employee Benefits Security Administration
10. Special Enrollment Period, HealthCare.gov (U.S. Centers for Medicare & Medicaid Services)
11. American Job Center Finder, CareerOneStop, sponsored by the U.S. Department of Labor

Checked against these sources on October 11, 2026. This guide explains general federal rules and is not legal advice. Your state may give you more protection.