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After a layoff, save your employment and benefits documents, note when your pay and health coverage end, review any severance offer, and apply promptly for unemployment through the appropriate state agency. Compare health coverage options before your current plan ends. The exact deadlines and eligibility rules depend on your state, plan, and circumstances.
What should you do first after a layoff?
Start by collecting the documents and dates that determine your next steps. Your last day worked, employment end date, final pay date, and health coverage end date may not be the same.
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- Save your layoff or termination notice, severance offer, final-pay details, benefit summary, unemployment instructions, and any WARN notice.
- Ask HR for the health plan administrator’s contact information, the COBRA election notice and premium, and copies of relevant benefit-plan documents.
- Ask how accrued paid leave will be handled and when each benefit ends.
- Keep written records of communications and deadlines. Do not assume a verbal promise changes the written agreement or plan terms.
Do you get severance if you’re laid off?
Not automatically under federal law. The U.S. Department of Labor states that “Severance pay is a matter of agreement between an employer and an employee (or the employee’s representative).” The federal Fair Labor Standards Act does not generally require severance pay. Review your written offer, employment agreement, employer plan or policy, union agreement, and applicable state rules before assuming you are owed a particular amount or that a standard deadline applies. U.S. Department of Labor: Severance Pay
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What to check in a severance offer
- What the payment covers and when it will be paid.
- Whether the offer includes continued health coverage or payment toward COBRA premiums.
- Whether payment depends on signing a release, and the deadline and terms for doing so.
- Whether the offer refers to a separate plan, policy, or agreement that affects your rights.
The federal guidance cited here does not set a standard severance amount or calculation. If you are unsure what a release means or whether an agreement entitles you to severance, consider consulting a qualified employment-law professional or the relevant government agency.
How do you file for unemployment after being laid off?
Apply promptly through the state unemployment agency and follow its instructions for both the initial claim and any continuing certifications. Unemployment insurance is a federal-state program, but states set eligibility requirements, wage tests, benefit amounts, and claim procedures. A common qualifying situation is losing work through no fault of your own, but a layoff does not by itself guarantee eligibility. U.S. Department of Labor: How Do I File for Unemployment Insurance?
- Find the unemployment agency for the state where you performed the work. That is generally where you file.
- If you live in a different state from where you worked, or worked in multiple states, ask the unemployment agency where you now live how to route your claim.
- Provide complete, accurate information about your employer, work locations, and dates of work. Follow the agency’s instructions if it requests more information.
- Continue filing certifications as directed, even if your first payment has not arrived. Report work and other information as the state requires.
The Department of Labor says the first payment generally takes two to three weeks after filing; that is an estimate, not a guarantee. State processing and individual claims can take longer.
How do you keep health coverage from lapsing?
Check the exact date your current coverage ends, then confirm your options and effective dates before acting. Depending on the plan and circumstances, options may include COBRA, a Marketplace plan, coverage through a spouse or household member’s employer, or Medicaid or CHIP.
Check whether COBRA applies
Federal COBRA rules generally cover private-employer group health plans with at least 20 employees and state or local government plans, subject to details and exclusions. Smaller employers may be covered by state continuation laws, sometimes called mini-COBRA. A layoff other than for gross misconduct can be a qualifying event. Check the election notice or ask the plan administrator whether your plan and situation qualify. U.S. Department of Labor EBSA: FAQs on COBRA Continuation Health Coverage for Workers
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In the usual job-loss case, COBRA may continue coverage for up to 18 months. The general election period is 60 days from the later of the date coverage would be lost or the date the election notice is provided. COBRA usually requires you to pay the full group-plan premium plus a 2% administrative fee. Confirm the applicable premium, election deadline, payment deadline, and instructions with the plan administrator; the election notice should give the details for your plan. U.S. Department of Labor EBSA: Protecting Retirement and Health Benefits after Job Loss
If you elect and pay for COBRA properly, coverage can be retroactive to the date you lost coverage. That can help prevent a gap, but it may mean paying premiums for the intervening period. Do not wait past the deadline in the notice while comparing plans.
Compare your coverage choices
Compare total likely costs and access to care, not just the monthly premium. A lower premium may come with a different deductible, provider network, prescription coverage, or start date.
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1Scan for outdated or missing drivers - takes under a minute2Repair Windows errors before they cause bigger problems3Fix the driver behind crashes, sound loss and screen glitches| Option | Cost and potential savings | Coverage and timing to check |
|---|---|---|
| COBRA | Usually the full group premium plus a 2% administrative fee; the specific premium is set by the plan administrator. | Can preserve the existing plan and network. Confirm the election and payment deadlines and the coverage dates in the notice. |
| Marketplace plan | Income-based savings may be available. The actual premium and any savings depend on household circumstances; see HealthCare.gov: COBRA coverage when you’re unemployed. | Compare doctors, prescriptions, deductible, out-of-pocket maximum, and effective date with your current plan. |
| Spouse or household member’s employer plan | Ask the plan administrator for the premium and applicable enrollment details; a comparable price is not stated in the federal guidance cited here. | Ask the plan administrator whether you qualify for special enrollment and what deadline applies. |
| Medicaid or CHIP | Eligibility depends on income and household facts; the amount you would pay is not stated in the federal guidance cited here. | Check eligibility and apply through the relevant state channel. |
HealthCare.gov says loss of job-based coverage can provide a Marketplace special enrollment opportunity. Voluntarily ending COBRA early generally does not, by itself, create a new Marketplace special enrollment period. Confirm when replacement coverage starts before cancelling or letting existing coverage end. HealthCare.gov: COBRA coverage when you’re unemployed
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Could the layoff require advance notice?
Some large plant closings and mass layoffs are covered by the federal Worker Adjustment and Retraining Notification (WARN) Act. The Department of Labor’s general guidance describes covered employers as generally having 100 or more employees and qualifying plant closings or mass layoffs affecting at least 50 employees at a single site. Covered events generally require 60 calendar days’ advance written notice, but exceptions apply and the rules depend on the facts. Some states have broader notice laws. U.S. Department of Labor: Plant Closings and Layoffs and U.S. Department of Labor: WARN Advisor FAQs
Not every layoff meets WARN’s thresholds. If you are unsure whether your workplace or state rules are covered, contact your state dislocated-worker unit or Rapid Response team for information and support.
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