I just got fired: what should I do in the next 24 hours?

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What should I do first?

1. Don’t sign anything yet. A severance agreement usually includes a release of legal claims. You can take it home. If you are 40 or older, federal law generally gives you at least 21 days to consider a release of age discrimination claims and 7 days to revoke it after signing (29 U.S.C. § 626(f)(1)).
2. Write down what happened. Date, time, who was in the room, and the reason you were given, in their words. Notes made the same day are far more reliable than memory months later.
3. Check your final paycheck. If you were fired, California law requires all earned wages, including unused vacation, to be paid immediately (Cal. Labor Code §§ 201(a), 227.3). If it’s late, your employer may owe you up to 30 days of extra wages as a penalty (Cal. Labor Code § 203).
4. Request your records in writing. You have the right to your personnel file, which your employer must provide within 30 days (Cal. Labor Code § 1198.5), and your payroll records, due within 21 days (Cal. Labor Code § 226(c)).
5. File for unemployment. Being fired does not automatically disqualify you.
6. Stay off social media about it. Anything you post can be used later. Vent to people you trust, not online.
7. Get a free case review. A short call with an employment attorney, before you sign anything, can tell you whether you have a claim and which deadlines apply. It costs you nothing.

Was my firing illegal?

Most California jobs are at-will, meaning an employer can end the job without giving a reason (Cal. Labor Code § 2922). But the real reason cannot be an illegal one. These are the red flags worth a call:

• You were fired soon after complaining about harassment or discrimination (Cal. Gov. Code § 12940(h)), unpaid wages (Cal. Labor Code § 98.6), or safety issues (Cal. Labor Code § 6310).
• You were fired during or right after family or medical leave (Cal. Gov. Code § 12945.2), pregnancy (Cal. Gov. Code §§ 12940(a), 12926(r), 12945), or a workers’ comp claim (Cal. Labor Code § 132a).
• You were asked to do something you believed was illegal and refused (Cal. Labor Code § 1102.5(c)).
• The reason you were given doesn’t match your performance reviews or keeps changing.
• You were treated differently than coworkers of a different age, race, sex, or other protected group (Cal. Gov. Code § 12940(a)).

If any of these sound familiar, it’s worth a phone call. Get a free case review → For more detail, see Was My Firing Illegal? Signs of Wrongful Termination in California.

How long do I have to act?

It depends on the claim, and some deadlines are short. Certain retaliation complaints to the Labor Commissioner must be filed within one year (Cal. Labor Code § 98.7(a)(1)). Discrimination, harassment, and retaliation claims with California’s Civil Rights Department generally must be filed within three years (Cal. Gov. Code § 12960(e)(5)). The sooner you talk to an attorney, the more options you keep.

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