You were just fired.
Breathe. Then read this before you sign anything, post anything, or delete anything.
Being fired is one of the most destabilizing things that happens to an adult. Your identity, your income, your plans, your next Monday morning — all of it is suddenly in motion. The instinct in the first hours is either to shut down or to react emotionally. Both are expensive.
What happens in the next 48 hours shapes the rest of this chapter — how much severance you walk away with, whether you qualify for unemployment, what your next employer hears when they call for references, and whether you have any legal recourse if something improper happened.
Slow down. You have more options and more leverage than you feel like you do right now.
One free conversation. Your advisor walks you through exactly what to do today, this week, and before you sign anything.
The first 48 hours: exactly what to do
Do not sign the separation agreement today.
Whatever they handed you — a severance packet, a release of claims, a separation agreement — your answer is: “I need to review this carefully before signing.” In the US, if you're over 40 and the agreement releases age discrimination claims, you are legally entitled to 21 days to consider it (45 days in group layoffs), plus 7 days to revoke after you sign. Under 40, ask for at least 7–10 business days. If they refuse, note that in writing.
Save everything you still have access to — right now.
If you're reading this within hours of being notified, company access may still be open, or it may be cut any minute. Save to personal email or personal cloud: your offer letter, recent performance reviews, written praise (emails, Slack, performance notes), your last 6 months of pay stubs, benefits documents, any relevant written communications about the reason you were terminated. Do not take confidential company information — customer lists, proprietary docs, trade secrets. That creates new exposure. Take what is about you.
Write down everything about the termination meeting.
Who was there. What time it started and ended. What exact reason was given (write down quotes where you can remember them). What documents you were shown. What you were asked to sign. What you said. Do this within an hour — memory fades fast under stress.
Find out when your last paycheck, PTO, and benefits end.
Final paycheck timing varies by state. California requires payment at the time of termination. Many other states — including Colorado — require payment within a business day or a short window after. Most states require accrued PTO to be paid out. Health insurance typically ends the last day of the month, but not always. Get the exact dates for each in writing from HR.
File for unemployment today or tomorrow.
Do not wait. Benefits generally start from the date you file, not the date you were terminated. In most states, if you were fired “without cause” or for performance, you qualify. If they fought for a “resignation” narrative and you refused, document that. If they're claiming you were fired “for cause” and you disagree, you can appeal — and the appeal often succeeds.
Do not post about it on social media.
Not on LinkedIn. Not on Twitter. Not on Glassdoor. Anything you say publicly now becomes evidence, can void your separation agreement if non-disparagement clauses are in play, and can scare off future employers. Grieve privately. Post later, strategically, when you have a new role and a considered narrative.
Do not badmouth them to coworkers.
Those conversations get back. Call a friend who doesn't work there.
What to look for in the separation agreement before you sign
Most people read a separation agreement once, see a dollar figure, and sign. Do not do this. The agreement has many moving parts, and several are negotiable.
Severance amount.
How many weeks, and how does it compare to industry norms for your tenure and role? A common floor is 2–4 weeks per year of service, with senior roles commanding much more. If the offer feels low, it probably is — counter-offer in writing.
Release of claims.
This is the core of what they're buying. By signing, you're typically agreeing not to sue them for discrimination, retaliation, wrongful termination, wage claims, harassment, and more. If any of those things happened to you, signing without an attorney review is a serious mistake.
Non-compete and non-solicit.
If your original contract had either, this is the moment to negotiate them down or out. Many companies will waive or narrow these in exchange for your signature on the release.
Confidentiality and non-disparagement.
Read carefully. Ask for mutuality — if you can't disparage them, they shouldn't be able to disparage you. Most companies will agree.
References.
What will they say when a future employer calls? Push for a written, agreed-upon reference statement. At minimum, get a “neutral reference” (dates and title only) guaranteed in writing.
Benefits continuation.
How long will health insurance continue, and who pays? Negotiate for at least 3 months company-paid, or the equivalent cash to cover COBRA.
Unemployment.
Confirm in writing that the company will not contest your unemployment claim. This is typically standard and they will usually agree.
Timing of final payments.
When does severance get paid — lump sum, or over time (which affects unemployment)? When is accrued PTO paid? When are outstanding bonuses owed?
Vesting.
Are there any unvested equity, bonus, or benefit milestones within the next few months? Negotiate the separation date or a cash-equivalent.
Signs that might mean more than a termination
Most terminations are legal, even when they feel unfair. At-will employment in the US means a company can generally terminate you for any reason or no reason, as long as the reason isn't illegal. But some reasons are illegal, and some patterns suggest them.
Timing relative to a protected activity.
You were fired shortly after you raised a complaint (discrimination, harassment, safety, wage issues, whistleblower concerns), requested an accommodation, took FMLA leave, became pregnant or announced a pregnancy, got hurt on the job, joined a union organizing effort, or participated in an investigation. Close timing between a protected activity and termination is one of the strongest indicators of potential retaliation.
Different treatment from peers.
You were terminated for something that similarly-situated colleagues outside your protected class did without consequence.
Age patterns.
You're over 40 and you've noticed a pattern of older workers being pushed out while younger, cheaper employees are hired.
Shifting reasons.
The reason given for your termination has changed — verbally one thing, in writing another. Inconsistent explanations create exposure for the company.
Performance came out of nowhere.
Your last review was positive or neutral, but suddenly you're being terminated for “performance.”
Recent medical, family, or accommodation issue.
You disclosed a disability, requested an accommodation, took leave, or had a family emergency, and your performance “problems” began shortly after.
If any of these apply, do not sign the separation agreement until you talk to an employment attorney. Many offer free or low-cost initial consultations specifically for this situation.
The rest of the first week
Once the immediate tasks are handled, the work shifts.
Update your resume and LinkedIn, but do not announce.
Polish everything quietly. Do not change your LinkedIn to “Open to Work” or “Seeking new opportunities” yet. Let the separation process complete first so nothing compromises your negotiating position.
Reach out to your network privately.
Former colleagues, past managers, mentors. A simple, non-dramatic message: “I've recently left [Company] and am exploring what's next. Would you be open to a quick conversation?” Do not explain. You don't owe anyone the story.
Plan your runway.
Severance + unemployment + savings. How many months? This number shapes how selective you can be about the next role.
Take care of your body.
Sleep. Eat. Move. Termination triggers a real grief response. It's not performative. Treat it like one.
Do not isolate.
Call one person you trust, today.
Your HeHRa advisor can walk through the separation agreement with you, help you identify what's negotiable, and tell you when it's time to bring in an attorney. One free conversation. Private to your account.
Start your free conversation →Common questions
Can I negotiate severance after being fired?
Yes, often. The offer is a starting point, not a final number. A written counter-offer based on your tenure, role, and specific asks (more weeks, benefits extension, non-compete waiver, reference language) frequently gets movement.
Can I collect unemployment if I was fired?
In most states, yes — unless you were fired for serious misconduct. 'Fired for performance' almost always still qualifies. File immediately; don't wait for the separation agreement to finalize.
What if they fire me "for cause"?
"For cause" is a high bar, typically meaning theft, fraud, or gross misconduct. If your termination is being classified this way but it's really about performance or a disagreement, you can contest both the unemployment determination and, potentially, the narrative itself. This is a moment to consult an employment attorney.
Should I sign the separation agreement immediately?
No. Use the full legal consideration period — 21 or 45 days if over 40, or at least 7-10 business days if under. Review with someone who has your interests at heart, and identify what's negotiable before signing.
Can I refuse to sign?
You can. You may forfeit the severance by doing so, but you preserve your right to file claims (discrimination, retaliation, etc.). If the severance is minimal and you have a real claim, this can be the right call. Talk to an attorney.
What do I say to future employers?
Keep it short, factual, and forward-looking. "I parted ways with [Company] — the role evolved in a direction that wasn't the right fit. I'm now focused on [what you're looking for]." You don't owe anyone a detailed explanation.
Is HeHRa a law firm?
No. HeHRa provides workplace guidance and strategic support. When a situation needs an attorney, your advisor will tell you, and can help you prepare for that conversation.
“You're not done. You're in transition.”
The next 48 hours matter more than most people realize. Someone should walk through them with you.
HeHRa provides strategic and informational guidance. HeHRa is not a law firm, does not provide legal advice, and does not represent you in any legal matter. Information on this page reflects general practice and common patterns, not guarantees of outcome in your specific situation. For legal advice specific to your situation, consult a licensed employment attorney in your jurisdiction.