If you have just been laid off, the first 30 days decide more than the job search does. Several deadlines start the day your job ends: the window to elect COBRA, the window to buy a Marketplace plan, the time you have to sign (or negotiate) a severance agreement, and for visa holders a status clock that may be as short as 60 days. None of them waits for you to feel ready. This guide puts them in order, with each rule linked to the agency that sets it, then gives a four week plan for the search itself.
You are also not unusual. US employers recorded 21.2 million layoffs and discharges in 2025, up 1.2 million on the year, while hires fell by 1.5 million to 63.0 million. In September 2026 the Bureau of Labor Statistics counted 1.75 million permanent job losers among the unemployed, down from 2.04 million in February.
The 30 day checklist
Copy this and fill in your own dates. The deadline column is the federal floor; your agreement, plan or state can give you more.
| When | Task | The rule behind it |
|---|---|---|
| Day 1 | File for unemployment in the state where you worked | DOL: file "as soon as possible after becoming unemployed" |
| Day 1 | Save pay stubs, offer letter, benefits summary, performance reviews and contacts before access ends | Your evidence for severance, references and claims |
| Days 1 to 3 | Read the severance agreement; write down its signing deadline | 21 days to consider if you are 40 or older (45 in a group layoff), plus 7 to revoke |
| Days 1 to 7 | Price a Marketplace plan against COBRA | Marketplace: select a plan within 60 days before or after losing job coverage |
| Within 60 days of the election notice (or of losing coverage, if later) | Elect COBRA if you want it | At least 60 days to elect; first premium due at least 45 days after electing |
| Week 1 | Check your final paycheck date under state law | Federal law does not require immediate payment; some states do |
| Week 1 | Ask about any 401(k) loan | A loan offset can be rolled over until your tax filing due date |
| Days 1 to 3 (visa holders) | Talk to an immigration lawyer; count your grace period | Up to 60 days, starting the day after employment ends |
| Weeks 1 to 4 | Run the search plan below |
The first 48 hours
Do three things, and hold off on a fourth.
File for unemployment. The Department of Labor says to file with the program in the state where you worked "as soon as possible after becoming unemployed." If you live in a different state, your current state's agency can tell you how to file with the other.
Collect your records while you still can. Personal copies of your offer letter, your last pay stubs, your benefits summary, any bonus or equity documents and your written performance reviews. Keep only what is yours to keep; do not take company files. Write down the names and personal emails of people who could be references, since your work address book may vanish within hours.
Do not sign anything yet. A severance agreement handed over in the meeting usually comes with time to consider it. The next section explains how much.
Severance: what to read before you sign
Start with what the law does and does not promise. The Department of Labor is blunt: "There is no requirement in the Fair Labor Standards Act (FLSA) for severance pay." Severance is a matter of your contract, your company's policy, or a deal you negotiate. In exchange, the employer almost always asks you to sign a release of legal claims. That trade is the thing to read carefully.
If you are 40 or older, federal law (the Older Workers Benefit Protection Act) sets minimums for a valid release of age discrimination claims. Per the EEOC's guidance on severance waivers:
- The waiver "must provide the employee with at least 21 days to consider the offer." In a group layoff it is "at least 45 days."
- It "must give an employee seven days to revoke his or her signature," and that period "cannot be changed or waived by either party for any reason."
- It "must advise the employee in writing to consult an attorney."
- In a group program, the employer must list in writing "the job titles and ages of all individuals who are eligible or who were selected" and the ages of those in the same unit who were not.
That last list is useful even if you never dispute anything. It shows who was chosen and who was kept.
If there was a mass layoff, check whether the federal WARN Act applied. The DOL says it covers employers with 100 or more employees and requires "at least 60 calendar days advance written notice" of a plant closing or mass layoff affecting 50 or more employees at one site. The DOL's worker guide to WARN adds that without the required notice "you may be able to seek damages for back pay and benefits for up to 60 days, depending on how many days' notice you actually received." The guide also notes that paying wages and benefits for the 60 days in place of notice generally meets the penalty the Act sets, so a package may include a block of pay that is really the WARN period. Some states go further: New York's WARN fact sheet says employers with 50 or more full time employees must give notice 90 days before closing a plant.
A severance review checklist
Read the agreement with these questions beside it:
- How much, and how is it paid? A lump sum or salary continuation over weeks. For visa holders the form of payment may affect dates (see below).
- What is the official separation date? It drives COBRA, unemployment and any visa clock.
- What happens to health coverage? Does the employer pay part of COBRA, and for how long?
- What happens to bonus, commission and equity? Is an earned bonus paid? Does any vesting accelerate? How long do you have to exercise options?
- What are you giving up? The scope of the release, any new non-compete or non-solicit, and confidentiality or non-disparagement terms.
- Is there a reference or neutral statement clause? You can ask for one.
- What is the deadline, and is there a revocation period?
Negotiating severance is a normal request, not an insult. The points that most often have room are the ones that cost the employer little: an agreed reference or neutral statement, the separation date, COBRA subsidy months, an extra few weeks of pay tied to tenure, keeping your laptop, or a change to a non-compete. Ask in writing, give one reason per request, and if the release is broad or you think the layoff was unfair, pay for an hour with an employment lawyer before the deadline.
Two money details people miss. The DOL says employers are not required by federal law to pay a final paycheck immediately, though "some states, however, may require immediate payment." And if you have a 401(k) loan, the IRS explains that an unpaid balance can be offset against your account when you leave. For an offset caused by severance from employment, "instead of the usual 60-day rollover period, you have until the due date, including extensions, for filing the Federal income tax return" for that year. That is extra time to roll the amount over; ask a tax adviser how before the deadline.
Health insurance and unemployment benefits
COBRA or the Marketplace
COBRA lets you keep your employer's plan. The Department of Labor's employee guide to COBRA sets the rules for a layoff:
| Rule | What the DOL guide says |
|---|---|
| Who | Group plans of employers with 20 or more employees |
| How long | 18 months after "termination of employment for reasons other than gross misconduct" |
| Election window | "at least 60 days to choose," from the later of the notice or the date coverage would end |
| First payment | "at least 45 days after you elect COBRA" |
| Cost | Cannot exceed "102 percent of the cost to the plan" |
The cost is the shock. You pay your share and your employer's share, plus 2 percent. A worked example with invented numbers: if you paid $200 a month and your employer paid $600, the plan's cost is $800, and COBRA can charge you up to $816 a month.
The alternative is a Marketplace plan. The same DOL guide says losing job coverage lets you enroll, and that "being offered COBRA continuation coverage doesn't mean you are ineligible for Marketplace coverage or for a tax credit." You "must select a plan within 60 days before or after losing your job-based coverage." With a lower income for the year, the tax credit can change the comparison a lot, so price both at HealthCare.gov or your state's exchange.
One trap: HealthCare.gov says "voluntarily dropping COBRA doesn't count" as a reason to enroll mid-year. If you elect COBRA and later cancel it to save money, you may have to wait for open enrollment. Decide inside the first 60 days, while both doors are open.
Unemployment insurance
The DOL's unemployment insurance page says "each state sets its own unemployment insurance benefits eligibility guidelines," and that you usually qualify if you are "unemployed through no fault of your own" and meet the state's work and wage requirements. Benefit amounts, how many weeks they last, how severance is treated and the weekly job search rules all vary by state, so read your state agency's handbook on the day you file. Certify every week, keep a log of the jobs you apply to, and report any severance or part-time income exactly as the state asks.
Laid off vs fired, and why the word matters
A layoff means the job went away. Being fired means the employer ended it because of you. The difference matters in two places.
Unemployment. "Through no fault of your own" is the test. A layoff fits. A firing for misconduct often does not, so read your state's rules before assuming you do not qualify.
Your separation papers. Check that the reason recorded is accurate. If the agreement or letter is vague, asking for the phrase "position eliminated" or "reduction in force" in writing costs the employer nothing and helps you with your state agency, with background checks and with your own story.
References and your story
Before you apply anywhere, settle two things.
References. Ask two or three people, ideally a former manager and a senior peer, whether they will take a call. Send each one a short note with the roles you are targeting and two projects you would like them to mention. If your employer will only confirm dates and title, a named person who will speak for you matters more.
The story. Recruiters will ask why you left. A good answer is short, true, and moves to what you want next. Three samples, written for this post:
Sample, company-wide layoff: "My role was one of about 200 cut in a restructuring in September. I led the billing migration there, and I am looking for a backend role where I can do more of that kind of work."
Sample, team eliminated: "The company closed the analytics team in Chicago. I am proud of the forecasting model we shipped, and I want to keep building in a product analytics role."
Sample, small company: "We lost our main customer and the founders cut half the staff. It was a good place to learn fast, and I am now looking for a larger team with a longer runway."
Each skips blame, apology and detail nobody asked for. Use the same version everywhere: LinkedIn, cover letters and phone screens.
On a visa: the clock that starts on your last day
This section is general information, not legal advice. Talk to an immigration lawyer in the first few days.
H-1B, L-1, O-1, TN and E classifications. Current regulations at 8 CFR 214.1(l)(2) give a grace period after employment ends. USCIS's guidance on options after termination (an archived page, last reviewed 24 January 2025) says it lasts up to 60 consecutive calendar days, or until your authorized validity period ends, whichever is shorter. It starts the day after employment ends, typically "based on the last day for which a salary or wage is paid," and it ends if you leave the United States. Within it you can, if eligible:
- file to change to another nonimmigrant status;
- file for adjustment of status;
- apply for a "compelling circumstances" employment authorization document;
- be the beneficiary of a new employer's petition (our guide to the H-1B transfer covers this step).
Because the clock usually runs from the last day you are paid, ask how your severance is paid and what your official last day of employment is, and have your lawyer read those terms before you sign.
The rule may change. On 11 September 2026 DHS published a proposed rule to remove the grace period for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents. As of 18 October 2026 it is a proposal, not a final rule, and comments close on 10 November 2026. If it is finalized as written, a layoff would leave no buffer, so check its status before you rely on 60 days.
F-1 on OPT or STEM OPT. Your limit is a count of unemployment days, 90 on post-completion OPT and 150 in total with the STEM extension, and you must report the job ending. The details are in our guide to OPT unemployment days.
A 30 day search plan
Set expectations first. In September 2026 the median unemployed person had been looking for 11.5 weeks, and 1.94 million had been looking for 27 weeks or more. That median measures people still searching, not completed searches, but it is a fair warning that a month is a start, not a deadline. Plan for a quarter and run the first month hard.
| Week | Focus | Output by Friday |
|---|---|---|
| 1 | Admin and story | Unemployment filed, benefits decided, severance reviewed, your one sentence story written |
| 2 | Materials and targets | Resume updated with your last role's results, a list of 30 to 50 target employers, references confirmed |
| 3 | Warm outreach | A message to every former colleague now at a target employer; first applications to the best fits |
| 4 | Volume and rhythm | A fixed weekly target for applications and conversations, tracked in one sheet |
Hold applications until the week 1 story is ready, because the first recruiter call will ask for it. In week 2, add the results of your last role while you remember the numbers, and build the target list from employers that hire your role, not from whoever is advertising most.
Week 3 is people. Former colleagues are your best lead after a layoff: in Ashby's data, referrals are about 1% of applications but about 18% of hires, and 40% of referred candidates reach an interview against 3% of inbound applicants. Ask for a referral to a specific posting, with the link, rather than "anything open."
Week 4 sets the rhythm you will keep. Pick a weekly number you can sustain and track applications, replies and interviews, so after a month you can see which part of the funnel is weak. Our guide on how to get a job fast goes deeper on pacing, and long term unemployment covers what to change if the search runs past six months.
If you want help with the volume part, ApplyEze is a desktop app that watches the career boards of more than 100,000 employers directly, ranks new postings against your target roles, and applies to the ones you queue on the application platforms it supports, writing a resume for each posting, plus a cover letter when the form asks. New accounts get 50 free credits, once per email address, with no card, and a credit is used only when an application is confirmed as submitted. Listed plans are Starter at $19 a month for 700 and Pro at $99 a month for 3,000. Check what it sends, and keep the referrals and conversations for yourself; no tool replaces those.
Looking after yourself
A layoff is a loss, even when it was nobody's fault and even when you saw it coming. Keep a routine with a start and end time for search work, so the search does not fill every hour. Tell people what happened, so the people who might send you a lead know you are looking. Keep moving, keep sleeping, and watch for the signs in our guide to job search burnout.
If things feel heavier than that, talk to someone. In the US you can call or text 988, or chat at the 988 Suicide and Crisis Lifeline, which is "available 24/7/365" and free.