A step-by-step guide for workers who received a WARN notice or were laid off. Focus on the things that have deadlines first.
The days after a layoff are stressful. Rather than trying to do everything at once, focus on the actions that have real deadlines or financial consequences if delayed.
Day 1: Save copies of all documents you receive, including your separation letter, benefits information, and any severance agreement. Do not sign anything on the spot. If you are 40 or older, federal law gives you at least 21 days (45 days in a group layoff) to review a severance offer.
Days 1 to 3: File for unemployment insurance. Do not wait for severance details to be finalized. In most states, filing sooner protects your benefits start date.
Within 7 days: Review your health insurance options. Understand when your current employer coverage ends and what your COBRA election window looks like.
Within 14 days: Review your severance agreement carefully. If the terms are significant or if you have questions about a non-compete or release of claims, consider a consultation with an employment attorney. Many offer free initial reviews for layoff situations.
File as soon as possible. Most states allow you to file the week your employment ends. Do not wait for your severance to run out. In many states, severance payments do not disqualify you from receiving benefits, though they may delay the start of payments depending on how they are structured.
If you received WARN pay (60 days of pay in lieu of advance notice), check your state's specific rules. In many states you can still file your claim during the WARN pay period so that benefits begin promptly when it ends.
You file with the state where you worked, not where you live (if they differ). Each state has its own online portal. You can find your state's unemployment filing site through the CareerOneStop benefits finder.
Even if you are unsure whether you qualify, file anyway. There is no penalty for filing a claim that gets denied, but there is a real cost to filing late, since most states backdate benefits only to the week you file, not the week you were laid off.
If your employer offered health insurance and had 20 or more employees, you are likely eligible for COBRA continuation coverage. COBRA lets you keep your existing employer health plan for up to 18 months after your employment ends.
You typically have 60 days from the date of your qualifying event (usually your last day of employment or the day your coverage ends, whichever is later) to elect COBRA. If you miss this window, you lose the option.
COBRA is usually expensive because you pay the full premium (the employer's share plus your own), plus up to a 2% administrative fee. Before electing COBRA, compare the cost to alternatives:
ACA Marketplace: Losing employer coverage is a qualifying life event that opens a 60-day special enrollment period on HealthCare.gov (or your state exchange). Depending on your income, you may qualify for subsidies that make marketplace plans significantly cheaper than COBRA.
Medicaid: If your household income drops below your state's Medicaid threshold after the layoff, you may be eligible for Medicaid, which provides coverage at little or no cost. You can apply through your state's Medicaid agency or through HealthCare.gov.
Spouse or partner plan: If your spouse or domestic partner has employer coverage, their plan may allow you to enroll during a special enrollment period triggered by your job loss.
You can elect COBRA now and then switch to a marketplace plan or Medicaid later. COBRA can serve as bridge coverage while you evaluate your options, but act within the 60-day windows for both COBRA and marketplace enrollment.
No federal or state law requires employers to offer severance. When they do, it is usually in exchange for a release of legal claims, including any claims you might have under the WARN Act.
Before signing:
Read the release carefully. Understand what rights you are giving up. Most severance agreements include a general release of claims covering age discrimination, wrongful termination, and WARN Act violations. If you sign, you typically cannot pursue those claims later.
Check the timeline. Workers aged 40 and older must receive at least 21 days to consider the offer (45 days in a group termination), plus 7 days after signing to revoke. Younger workers may not have the same statutory protections, but most employers extend a reasonable review period to everyone.
Understand the payment structure. Is severance paid as a lump sum or over time? Lump-sum payments may affect your unemployment eligibility differently than continuation pay. Check your state's rules.
Look at non-compete and non-solicitation clauses. Some severance agreements include or reinforce restrictions on working for competitors or contacting former clients. Understand the scope and duration before agreeing.
Consider consulting a lawyer. For significant severance offers (especially those with non-compete terms or releases of age discrimination claims), a consultation with an employment attorney is worth the cost. Many offer flat-fee severance reviews.
Rapid Response is a federally funded program, administered by state and local workforce development boards, specifically designed to help workers affected by WARN filings and mass layoffs.
When a WARN notice is filed, the state's dislocated worker unit is notified, and Rapid Response teams are dispatched to the affected worksite (or meet virtually with affected employees) to provide:
Job search assistance including resume workshops, interview preparation, and connections to local employers who are hiring.
Training referrals including information about retraining programs, trade adjustment assistance (if the layoff is related to foreign competition), and tuition assistance for new skills.
Unemployment guidance including help navigating the filing process and understanding your eligibility.
Benefits counseling including COBRA information, retirement account guidance, and referrals to community resources.
These services are free. If your employer filed a WARN notice, your local workforce board should already be organizing outreach. If you have not been contacted, reach out to your state's dislocated worker unit or your local American Job Center.
American Job Centers (formerly called One-Stop Career Centers) are physical locations funded through the federal workforce development system. They provide free services to anyone looking for work, with dedicated programs for dislocated workers.
Services typically include:
Career counseling with a trained advisor who can help you assess skills, explore career changes, and create a job search plan.
Resume and application help including one-on-one assistance with writing, formatting, and tailoring applications to specific positions.
Retraining vouchers through programs like the Workforce Innovation and Opportunity Act (WIOA), which can cover the cost of training in high-demand fields.
Job fairs and employer connections including events where local employers actively recruit displaced workers.
Find your nearest American Job Center through CareerOneStop's Service Locator. Many state pages on this site also include a job center finder with locations in the affected area.
Professional resume reviews, interview coaching, and career planning tools to help you land your next role faster.
Use this as a working list of items to review and act on after a layoff. Not all will apply to your situation.
If your employer was required to give 60 days of advance notice and failed to do so, you may be entitled to back pay and benefits for up to 60 days. Some states impose additional penalties.
The WARN Act is enforced through private lawsuits, not through the Department of Labor. The DOL does not investigate individual WARN complaints. To pursue a claim:
Document everything. Save your separation letter, any communications about the layoff (email, Slack, written notices), the date you were informed, and your last day of work. Note whether you received any pay in lieu of notice.
Consult an employment attorney. Many attorneys handle WARN cases on a contingency basis (no upfront cost). Individual and class action lawsuits can both be filed in federal court. If many employees were affected, a class action may be more practical.
Act promptly. While the WARN Act does not specify a statute of limitations, most courts apply a three-year window. However, the sooner you act, the stronger your position and the easier it is to gather evidence.
For more background on the WARN Act itself, see our FAQ page or our guide on why some layoffs don't appear in WARN filings.
Track WARN filings for a specific state, city, or company. New filings delivered to your inbox on weekdays.