Fired in California? What to do in the first week

Check your final paycheck

If you are fired or laid off, California requires all wages earned to be paid at the time of termination (Labor Code 201). That includes all accrued, unused vacation or PTO, which California treats as earned wages (Labor Code 227.3). If the employer willfully pays late, it can owe a penalty of up to 30 days of your daily wages (Labor Code 203).

Ask for your records, in writing

• Personnel file: the employer must let you inspect or copy it within 30 days of a written request (Labor Code 1198.5).
• Payroll records: within 21 days of a written request (Labor Code 226).
• Documents you signed, such as an arbitration agreement or offer letter (Labor Code 432).

A short email to HR is enough. Keep a copy and note the date.

Write down what happened

While it is fresh, write a timeline: who told you, what was said, the reasons given, and any events in the weeks before (complaints, leave requests, medical issues, new managers). Save your own copies of performance reviews and messages that you are allowed to keep. Do not take confidential company documents or customer data; that can create problems for you.

Apply for unemployment

You can apply for unemployment insurance with the Employment Development Department right away. Being fired does not automatically disqualify you; misconduct does. Answer EDD's questions accurately, and keep a copy of what you submit, because statements made to EDD can come up later.

Health coverage

If you had health insurance through work, ask about continuation coverage under federal COBRA (generally employers with 20 or more employees) or Cal-COBRA (smaller employers). You can also shop on Covered California; losing job-based coverage opens a special enrollment period.

Severance: read it before signing

A severance agreement usually asks you to give up legal claims in exchange for money. Before signing:

• Take your time. If the agreement restricts what you can say about the employer, California law requires it to state that you have the right to consult a lawyer and to give you at least five business days to consider it (Government Code 12964.5).
• You keep the right to talk about unlawful conduct. The same law bars agreements that prevent you from disclosing information about unlawful acts in the workplace, such as harassment or discrimination.
• Age 40 or over? Federal law gives you at least 21 days to consider a release of age discrimination claims (45 days in a group layoff) and 7 days to revoke after signing.
• Check what is released, whether there is a confidentiality or no-rehire clause, how the payment is taxed, and whether anything you were already owed (final wages, vacation) is being counted as "severance."

Deadlines to keep in mind

A discrimination or harassment complaint with the Civil Rights Department is generally due within three years; a retaliation complaint with the Labor Commissioner within one year; and a wrongful termination lawsuit based on public policy within two years. Signing a release can end these claims, so get advice first if you think the firing was illegal.