Work and Employment

Lost Your Job? A Comprehensive Job Loss Guide

This comprehensive guide is designed to help you understand your legal rights, review the termination letter and severance package, file for unemployment benefits, and manage the emotional ups and downs of job loss.

Immigration lawyer at Manifest dressed in glasses and blue shirt

By:

Chelsea Spinos

Chelsea Spinos is a contributing writer for Manifest Law. She covers all topics related to U.S. visas and green cards. She is passionate about helping people navigate their immigration journey with clarity and confidence.

Reviewer:

Timothy Lenahan, Esq.

Timothy R. Lenahan is the lead Employment lawyer at Manifest Law. He has experience with all facets of employment law.

7 min read • Jul 12, 2024

Man walking out of office after losing job

Key takeaways

You can lose your job for various reasons, but if you were fired as a result of discrimination in the workplace or retaliation, you have the right to challenge the termination.

Since there's no federal law requiring employers to give you a termination letter, it’s usually up to your employer.

If you were offered a severance package after leaving the company, you may be able to negotiate a more favorable outcome.

You should receive your final paycheck either on your last day of work or by the next scheduled payday.

“I lost my job. Now what?”

Dealing with job loss is never easy—it can feel like your world has been turned upside down overnight. Whether you've been affected by layoffs, company restructuring, or unforeseen circumstances, the sudden loss of a job brings a wave of challenges. From figuring out finances, negotiating severance packages to coping with the emotional toll, it's a lot to handle all at once.

Remember, amidst the uncertainty, there's potential for new beginnings. By taking proactive steps and seeking the right support, you can turn this challenging time into an opportunity for growth and a fresh start in your career journey.

Understand why you lost your job

Losing a job can be a stressful and confusing experience, but first understanding why it happened is crucial for your well-being and making your next career move.

Job loss can occur for various reasons, including

Company downsizing
Economic downturns
Performance issues
Repeated issues with productivity or behavior
Violations of company policies or ethical breaches

However, not all job losses are due to legitimate business reasons.

Unfortunately, discrimination in the workplace is a reality that can lead to unjust termination. Discrimination based on protected characteristics including race, gender, age, religion, sexual orientation, or disability is illegal under certain laws, such as the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.

If you believe you were terminated because of discrimination in the workplace, it's essential to recognize and document any biased remarks, unfair treatment, or discrepancies in performance reviews compared to your colleagues.

Remember: You have the right to seek legal advice to understand your options and potentially challenge the termination.

Another unjust cause of job loss is retaliation. Retaliation occurs when an employer takes adverse action against you for engaging in legally protected activities, such as filing a complaint about workplace harassment or discrimination based on a protected characteristic, taking part in an investigation of the company, or whistleblowing about illegal practices.

Forms of retaliation can include demotions, pay cuts, or termination. If you think you’ve been fired from your job as retaliation, it’s crucial to document evidence and seek legal advice.

Examples of wrongful termination

Wrongful termination happens when an employer fires an employee in violation of legal protections. Below are some examples of what may be considered wrongful termination:

In the context of sexual harassment in the workplace, quid pro quo harassment is defined by several characteristics. These include…

Conditioned benefits: An employee is offered job benefits — like promotions, raises, or favorable assignments — in exchange for sexual favors. Conversely, an employee might face negative consequences — like demotion, dismissal, or retaliation — for rejecting sexual advances. Sexual advances does not mean sex, but could mean going out on dates, kisses and romantic touching.
Power imbalance: Typically, quid pro quo harassment involves a person in a position of authority — such as a supervisor or manager — who has the power to influence the victim.
Direct impact: This form of sexual harassment in the workplace directly affects the employee’s job status, benefits, and ability to do their work well.

Do any of these characteristics fit a scenario you’re experiencing at work? If so, don’t hesitate to reach out to our team at Manifest Law. You can book a free consultation where we will listen to your story, assess the strength of your case, and get you the legal support you may need.

Form of wrongful termination

Discrimination

Retaliation

Violation of labor laws

Example scenario

You lost your job because of your race, gender, age, religion, disability, sexual orientation, or other protected characteristics.

You lost your job (A) after whistleblowing (reporting illegal activities within the company) or (B) after requesting medical leave or (C) reasonable accommodations for a disability.

You lost your job for things that are protected by law, like refusing to work overtime without pay or taking time off when you're legally allowed to.

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If any of these scenarios sound familiar, you may have been wrongfully terminated. Check out our comprehensive guide on wrongful termination to learn more, and reach out to Manifest Law for a consultation where our team can assess your case.

In the context of sexual harassment in the workplace, quid pro quo harassment is defined by several characteristics. These include…

Conditioned benefits: An employee is offered job benefits — like promotions, raises, or favorable assignments — in exchange for sexual favors. Conversely, an employee might face negative consequences — like demotion, dismissal, or retaliation — for rejecting sexual advances. Sexual advances does not mean sex, but could mean going out on dates, kisses and romantic touching.
Power imbalance: Typically, quid pro quo harassment involves a person in a position of authority — such as a supervisor or manager — who has the power to influence the victim.
Direct impact: This form of sexual harassment in the workplace directly affects the employee’s job status, benefits, and ability to do their work well.

Know your legal rights

No matter the reason for your job loss, several protections are in place to ensure you're treated fairly and receive the support you need.

First, you have the right to receive your final paycheck promptly. The timing varies by state, but generally, your employer must provide your last paycheck on your final day or within a specific period afterward. This paycheck should include all earned wages and any other owed compensation.

If you’ve lost your job, you may be eligible for unemployment benefits. These benefits offer temporary financial support while you look for new employment. To qualify, you generally need to have lost your job through no fault of your own and meet specific work and wage requirements, which vary by state. Applying for unemployment benefits promptly through your state’s unemployment office is essential to get this support quickly.

You also have the right to continue your health insurance coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA lets you extend your employer-sponsored health insurance for a limited period, typically up to 18 months, although you may have to pay the full premium. This ensures you and your family maintain health insurance during your job search.

If you had an employment contract, you might have additional rights. Employment contracts often outline conditions for termination, severance pay, and other post-employment benefits. If you think your termination violated your contract, consulting an employment lawyer can help you understand your rights and pursue any compensation you're owed.

In the context of sexual harassment in the workplace, quid pro quo harassment is defined by several characteristics. These include…

Conditioned benefits: An employee is offered job benefits — like promotions, raises, or favorable assignments — in exchange for sexual favors. Conversely, an employee might face negative consequences — like demotion, dismissal, or retaliation — for rejecting sexual advances. Sexual advances does not mean sex, but could mean going out on dates, kisses and romantic touching.
Power imbalance: Typically, quid pro quo harassment involves a person in a position of authority — such as a supervisor or manager — who has the power to influence the victim.
Direct impact: This form of sexual harassment in the workplace directly affects the employee’s job status, benefits, and ability to do their work well.

Review the termination letter

A termination letter is an official notice from your employer that your job with the company is ending. This letter usually explains why you are being let go, tells you your last day of work, and provides details about your final paycheck and benefits. It may also include important information about returning company property or other next steps.

It's important to know that there's no federal law requiring employers to give you a termination letter, so it's usually up to the employer. However, some states have their own rules.

For instance, in Arizona, employers must provide written notice of termination if you request it. Other states might have different requirements or no specific rules at all. It’s a good idea to check the regulations in your state to know your rights better.

Before you sign a termination letter, make sure to read the entire document carefully. Understand why you’re being terminated, your last working day, and the details about your final paycheck and benefits. If anything is unclear or if you have concerns, ask your employer or the HR department for more information.

If you feel uncomfortable with any part of the letter, especially regarding severance agreements, consider talking to an employment lawyer before signing.

Our team at Manifest Law can review your termination letter and other agreements to provide guidance, ensuring you understand the terms and your rights are protected.

In the context of sexual harassment in the workplace, quid pro quo harassment is defined by several characteristics. These include…

Conditioned benefits: An employee is offered job benefits — like promotions, raises, or favorable assignments — in exchange for sexual favors. Conversely, an employee might face negative consequences — like demotion, dismissal, or retaliation — for rejecting sexual advances. Sexual advances does not mean sex, but could mean going out on dates, kisses and romantic touching.
Power imbalance: Typically, quid pro quo harassment involves a person in a position of authority — such as a supervisor or manager — who has the power to influence the victim.
Direct impact: This form of sexual harassment in the workplace directly affects the employee’s job status, benefits, and ability to do their work well.

Evaluate and negotiate a severance package

A severance package is a set of benefits provided by an employer to an employee upon termination, typically in exchange for the employee agreeing not to sue the company and to abide by certain post-employment obligations.

Severance pay typically isn't required by law, so eligibility and the specifics of severance packages are typically determined by an employer's policies, employment contracts, or negotiations between the employer and employee.

Here are common scenarios where you might qualify for severance:

Company Policies or Contracts: Eligibility could be based on factors like your tenure, position, or the circumstances of your departure as outlined in your contract or company handbook.
Layoffs or Restructuring: If your employer downsizes due to financial reasons or restructuring, they may offer severance to affected employees.
Voluntary Severance Programs: Some companies offer voluntary severance programs where employees can choose to leave under specific terms that include severance pay.
Termination Without Cause: If you're let go for reasons unrelated to performance or misconduct, you might receive severance to help with the transition.
Executive or Senior Positions: Executives and higher-level employees often have contracts that specify severance provisions if their employment ends.

If you're offered a severance package after losing your job, it's crucial to carefully review its terms. If you wish to negotiate, understanding your leverage is key. Factors such as your tenure, role within the company, and any potential legal claims can influence negotiations.

If you have questions about the severance agreement or need help negotiating, seeking legal advice can be valuable. Our team at Manifest Law specializes in employment law and can review the terms to ensure fairness and compliance with employment regulations.

We can also provide guidance on negotiating points, such as increasing severance pay or adjusting restrictive terms, to help you achieve a better outcome. Understanding your options and rights during this time can make a significant difference in securing a fair severance package.

In the context of sexual harassment in the workplace, quid pro quo harassment is defined by several characteristics. These include…

Conditioned benefits: An employee is offered job benefits — like promotions, raises, or favorable assignments — in exchange for sexual favors. Conversely, an employee might face negative consequences — like demotion, dismissal, or retaliation — for rejecting sexual advances. Sexual advances does not mean sex, but could mean going out on dates, kisses and romantic touching.
Power imbalance: Typically, quid pro quo harassment involves a person in a position of authority — such as a supervisor or manager — who has the power to influence the victim.
Direct impact: This form of sexual harassment in the workplace directly affects the employee’s job status, benefits, and ability to do their work well.

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Reach out to get an evaluation the strength of your case.

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File for unemployment benefits

Filing for unemployment benefits after experiencing job loss is a critical step to help support yourself financially while you search for new employment.

Here are the steps to take after you lost your job:

Check Eligibility Requirements: Before applying, make sure you meet your state's eligibility criteria. Typically, this includes being unemployed through no fault of your own (such as layoffs or company closures), having earned enough wages during a specified period (often the last 12-18 months), and being able and available to work.
Gather Required Information: You'll need certain information to complete the application. This varies by state, so please check with your state’s unemployment office.
File Your Claim: Visit your state’s unemployment insurance website or contact their unemployment office to file your claim. Most states allow you to file online, by phone, or in person.
Wait for Processing: After submitting your claim, it will be reviewed by the state’s unemployment agency. This process typically takes a few weeks. During this time, you may be required to attend a mandatory orientation or meet other requirements set by your state.
Certify: Once your claim is approved, some states require that you recertify that you are still unemployed and still seeking work at certain intervals.
Receive Benefits: If your claim is approved and you continue to meet eligibility requirements, you'll receive unemployment benefits on a regular basis. The amount you receive is based on your previous earnings and varies by state.

In the context of sexual harassment in the workplace, quid pro quo harassment is defined by several characteristics. These include…

Conditioned benefits: An employee is offered job benefits — like promotions, raises, or favorable assignments — in exchange for sexual favors. Conversely, an employee might face negative consequences — like demotion, dismissal, or retaliation — for rejecting sexual advances. Sexual advances does not mean sex, but could mean going out on dates, kisses and romantic touching.
Power imbalance: Typically, quid pro quo harassment involves a person in a position of authority — such as a supervisor or manager — who has the power to influence the victim.
Direct impact: This form of sexual harassment in the workplace directly affects the employee’s job status, benefits, and ability to do their work well.

Remember: While you receive unemployment benefits, you are typically required to actively search for work and report your job search activities to the unemployment office.

5 things to do after job loss

Dealing with job loss can be a challenging and emotional experience. Here are five essential steps to help you navigate losing your job:

1. Allow Yourself to Grieve: Job loss can trigger a range of emotions, from shock and anger to sadness and anxiety. It's important to acknowledge and process these feelings. Give yourself permission to grieve the loss of your job and the changes it brings to your life. This process is crucial for your emotional well-being and can help you move forward with clarity and purpose.

Actions to take:

Acknowledge your feelings and move to a point of acceptance
Seek support from family and friends
Give yourself permission to take a few days to process

2. Determine if You Need Legal Support: If you believe your job loss involved unlawful practices such as discrimination, retaliation, or wrongful termination, consider consulting with an employment lawyer. They can assess your situation, explain your rights, and advise you on potential legal actions.

Actions to take:

Review our comprehensive guides on discrimination in the workplace, quid pro quo harassment, wrongful termination, and proving retaliation in the workplace
Book a free consultation with Manifest Law

3. Assess Your Financial Situation: Evaluate your financial status and create a budget to manage expenses during your job search. Consider your savings, unemployment benefits eligibility, and any severance pay or other financial resources available to you.

Actions to take:

Review your savings, expenses, and any severance pay or unemployment benefits you may receive
Create a budget that prioritizes the essentials, such as housing, food, utilities, and healthcare

4. Update Your Resume and LinkedIn Profile: Take this opportunity to refresh your resume, highlighting your skills, achievements, and recent experiences. Update your LinkedIn profile with a professional summary and recent accomplishments.

Actions to take:

Update your resume with your recent experiences and accomplishments
Have a mentor or professional review your resume and give constructive feedback
Incorporate industry-specific keywords that align with the job positions you are targeting on career sites

5. Take Care of Yourself: By focusing on self-care, maintaining a structured routine, and staying positive, you can navigate job loss more effectively while nurturing your well-being. These actions not only support your immediate needs but also position you for future success in your career journey.

Actions to take:

Incorporate regular exercise into your day to clear your mind and boost your energy levels.
Cook nutritious meals that nourish your body and make you feel good
Establish a daily schedule that includes dedicated time for job searching, networking, and applying for positions
Immerse yourself in hobbies or activities you enjoy to relax and recharge outside of job-related tasks

Facing job loss is undeniably tough, yet it also presents a chance for personal growth and transformation. Embrace this opportunity by taking time to reflect, updating your resume, expanding your network, and maintaining a positive mindset.

In the context of sexual harassment in the workplace, quid pro quo harassment is defined by several characteristics. These include…

Conditioned benefits: An employee is offered job benefits — like promotions, raises, or favorable assignments — in exchange for sexual favors. Conversely, an employee might face negative consequences — like demotion, dismissal, or retaliation — for rejecting sexual advances. Sexual advances does not mean sex, but could mean going out on dates, kisses and romantic touching.
Power imbalance: Typically, quid pro quo harassment involves a person in a position of authority — such as a supervisor or manager — who has the power to influence the victim.
Direct impact: This form of sexual harassment in the workplace directly affects the employee’s job status, benefits, and ability to do their work well.

Frequently asked questions

When do I get my final paycheck after leaving a job?

Typically, you should receive your final paycheck either on your last day of work or by the next scheduled payday. The timing can depend on state laws and your company’s policy. Some states require immediate payment, while others allow a bit more time. Make sure to check your state’s specific regulations to know what to expect.

Do I qualify for unemployment benefits?

Generally, to qualify for unemployment insurance, you must have lost your job through no fault of your own, such as being laid off or the company downsizing. Eligibility requirements can vary by state, but most states require that you have worked a certain amount of time and earned a minimum amount of wages. Ultimately, whether or not you qualify for unemployment benefits is up to the state.

Can I continue the health insurance I had while employed?

Yes, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), you can continue your employer-provided health insurance for a limited time after losing your job. COBRA coverage generally lasts up to 18 months, but you will likely be responsible for paying the full premium, including the part your employer used to cover. This can be expensive, so consider exploring other health insurance options like those offered through the Health Insurance Marketplace.

Can my employer fire me because of my age?

No, it is illegal for an employer to fire you because of your age if you are 40 or older. The Age Discrimination in Employment Act (ADEA) protects employees from age-based discrimination. If you believe you were fired due to your age, contact an attorney at Manifest Law.

Can my employer lay me off without any advance notice?

Generally, employers can lay off employees without advance notice unless there’s a contract or union agreement that requires it. However, the Worker Adjustment and Retraining Notification (WARN) Act mandates that certain employers give 60 days' notice for mass layoffs or plant closures. This applies to businesses with 100 or more employees.

How Manifest Law can help

If you've experienced job loss, our employment lawyers at Manifest Law are here to help. Whether you're facing issues like discrimination or negotiating a severance package our team provides tailored legal guidance. We review termination details, advise on negotiations, and protect your rights every step of the way.

Reach out for a consultation today and let us assist you in navigating this challenging period with clarity and confidence.

Speak to us today

Learn how much you may be owed!

You deserve to be fairly treated at your workplace

All calls are confidential and can be anonymous

You are not obligated to hire us or proceed with the case

Request a consultation

Fast response. Same day free consultation.

Avi Goldenberg

Principal attorney at Manifest Law

Speak to us today

Learn how much you may be owed!

You deserve to be fairly treated at your workplace

All calls are confidential and can be anonymous

You are not obligated to hire us or proceed with the case

Request a consultation

Fast response.
Same day free consultation.

Avi Goldenberg

Principal attorney at Manifest Law

Speak to us today

Learn how much you may be owed!

You deserve to be fairly treated at your workplace

All calls are confidential and can be anonymous

You are not obligated to hire us or proceed with the case

Request a consultation

Fast response. Same day free consultation.

Avi Goldenberg

Principal attorney at Manifest Law

In this blog article:

Understand why you lost your job

Examples of wrongful termination

Know your legal rights

Review the termination letter

Evaluate and negotiate a severance package

File for unemployment benefits

5 things to do after job loss

Frequently asked questions

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Visas and Green Cards

Employment

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