The first 30 days after a layoff: a checklist with every deadline

A week-by-week list of what to file, review, choose and pay after a layoff, with the day each clock starts and where the rule comes from.

Ian Schrup, Director of Operations · Oct 1, 2026 · Updated Oct 12, 2026 · 10 min read

Photo: wal_

The first days after a layoff come with a stack of paper and almost no instructions. A separation letter, maybe a severance agreement with a signature line, a benefits summary, a note about COBRA, a final pay stub. Each one starts a clock, and the clocks run at different speeds.

If you're reading this in the first week, you're probably tired, a little stunned, and getting advice from everyone at once. That's normal. We've coached people through layoffs at FirstSourceTeam since 2006, and the first thing that helps almost everyone is getting the dates onto one page, so the letters stop needing to be reread at 2 a.m.

This checklist puts those clocks in the order they run out, counted from the day your job ends. Every deadline below comes from a federal rule, a regulation or a state agency, named in the text. Where a rule differs by state, the examples use Minnesota, where FirstSourceTeam is based. Your own notices and plan documents set the exact dates for you, so treat the list as a map of what to look for in them.

Deadlines that start at a layoff, by item, clock start and rule, US federal rules and Minnesota examples, 2026

ItemTime allowedClock startsRule
Unemployment claimFile as soon as possible; Minnesota says the same weekThe week you become unemployedUS Department of Labor; Minnesota Unemployment Insurance Program
Final paycheck (Minnesota, if discharged)24 hoursYour demand for paymentMinnesota Statutes 181.13
Severance release review, age 40 and over, individual layoffAt least 21 daysReceipt of the final offerOlder Workers Benefit Protection Act, per the EEOC
Severance release review, age 40 and over, group layoffAt least 45 daysReceipt of the offerOlder Workers Benefit Protection Act, per the EEOC
Revoking a signed release, age 40 and over (federal)At least 7 daysThe day you signOlder Workers Benefit Protection Act, per the EEOC
Rescinding a release of Minnesota Human Rights Act claims15 calendar days, in writingThe day you signMinnesota Statutes 363A.31
Employer notifies the health plan30 daysThe qualifying eventUS Department of Labor COBRA guide
Plan sends COBRA election notice14 days; or 44 days in total if the employer is also the administratorNotice from employer; for the 44 days, the qualifying event or loss of coverage29 CFR 2590.606-4
Enroll in a spouse's employer planUsually 30 daysLoss of coverageUS Department of Labor COBRA guide
Choose a marketplace plan60 daysLoss of job-based coverageUS Department of Labor COBRA guide; HealthCare.gov
Elect COBRAAt least 60 daysLater of coverage loss or the election noticeUS Department of Labor COBRA guide
First COBRA paymentAt least 45 daysThe day you electUS Department of Labor COBRA guide
Roll over a 401(k) check paid to you60 daysThe day you receive itIRS Publication 575
Roll over an offset 401(k) loanTax return due date, including extensionsThe year the offset happensIRS Publication 575
Sign up for Medicare Part B, if 65 or older8 monthsYou stop working or lose coverage, whichever is firstMedicare.gov

Unemployment, final pay and paperwork in week one

File for unemployment benefits. The US Department of Labor says to file with the state where you worked, as soon as possible after becoming unemployed, and that the first check generally takes two to three weeks to arrive. Minnesota's program says to apply the same week you become unemployed.

Applying late doesn't buy you anything. Minnesota says the day you apply doesn't affect the amount of benefits you receive, and the timing works against delay: the first week you're eligible is an unpaid week, the soonest payment comes during the third week of your benefit account, and you always request payment for a past week. States treat severance differently when they calculate benefits; the guide to unemployment benefits and severance pay by state has the state rules.

Some people put off this claim because filing feels like admitting something. We hear it often, and we push back: unemployment insurance was built for exactly this week, and filing it is paperwork, not a verdict on your career.

Have these ready before you start. Minnesota asks for your Social Security number, a driver's license or state ID number, bank details for direct deposit, and your employment history for the last 18 months, with each employer's name, address and phone number, your dates, pay rate and the reason you left.

Check your final paycheck. Federal law doesn't require an employer to pay a former employee immediately, the Department of Labor says, and leaves the timing to the states. In Minnesota, a discharged employee's earned wages and commissions are due within 24 hours after the employee demands them, under Minnesota Statutes 181.13. An employer that misses that can owe a penalty of the employee's average daily earnings for each day it's late, up to 15 days.

Collect the documents in one place:

  • The separation letter with your last day and the date your health coverage ends.
  • The severance agreement and any cover letter giving the review period.
  • Your last pay stub, with year-to-date earnings, for the unemployment claim and your tax picture.
  • Your 401(k) login, current balance and any outstanding loan amount.
  • Your health plan ID cards and the plan administrator's contact details.

Reviewing a severance agreement in weeks one to three

A severance payment usually comes with a release of legal claims. If you're 40 or older, a federal law called the Older Workers Benefit Protection Act sets minimum terms for any release of age discrimination claims. The EEOC, the federal agency that handles job discrimination complaints, lists them:

A severance agreement handed over on one of the worst days of your year is hard to read clearly. We ask clients to find the review period in writing before they treat the signature line as urgent.

  • At least 21 days to consider an individual offer, counted from the employer's final offer.
  • At least 45 days when the layoff is part of a group program, with written disclosure of the job titles and ages of the people chosen and not chosen.
  • Seven days after signing to revoke your signature, which neither side can shorten. This is the federal minimum for age claims.
  • Written advice to consult a lawyer before signing.

You can sign earlier than day 21 or 45 if the decision is knowing and voluntary. The EEOC says early signing doesn't count as voluntary if the employer pushed for it through fraud, a threat to withdraw or change the offer before the period ends, or better terms for people who sign early. If the employer makes material changes to the offer, the 21-day period starts over.

State law can add time. In Minnesota, a release of claims under the Minnesota Human Rights Act can be rescinded within 15 calendar days of signing, and the employer has to tell you about that right in writing, under Minnesota Statutes 363A.31. The rescission has to be in writing and delivered by hand, by email if the employer agrees, or by certified mail postmarked within the 15 days. The federal 7 days and the Minnesota 15 days run at the same time, from the day you sign.

An employment lawyer reviews a specific agreement. The guide to early retirement offers and buyouts explains the group-layoff disclosures in more detail.

Health insurance deadlines in weeks two to four

Health coverage has the most deadlines, and the shortest one is easy to miss. The Department of Labor's COBRA guide says you usually have only 30 days from losing coverage to request special enrollment in a spouse's employer plan.

This is usually where the dread sits, because it's the first bill with a real number on it. The dates below give you more room than the first week suggests.

COBRA paperwork runs on its own timetable. Your employer has 30 days to notify the plan that you've left, and the plan then has 14 days to send an election notice. When the employer is also the plan administrator, federal regulation 29 CFR 2590.606-4 gives it 44 days in total, counted from the qualifying event or the loss of coverage. Once the notice arrives:

  • You have 60 days to elect COBRA, starting when your coverage ends or when you receive the notice, whichever is later.
  • The first payment is due no sooner than 45 days after you elect.
  • Later payments get a 30-day grace period each month.

The marketplace runs in parallel. The Department of Labor's guide says you must select a marketplace plan within 60 days of losing job-based coverage, and that you can apply even if you're eligible for COBRA. If you elect COBRA and later drop it by choice, HealthCare.gov says that doesn't count as a reason for a special enrollment period, so you'd wait for open enrollment.

Days allowed for decisions after a layoff, by decision, federal rules and Minnesota, 2026

Days

Revoke a signed release,federal minimum (age 40+)7Rescind a release of Minnesotahuman rights claims15Review a release, individuallayoff (age 40+)21Join a spouse's employer plan30First COBRA payment, afterelecting45Review a release, group layoff(age 40+)45Elect COBRA60Choose a marketplace plan60Roll over a 401(k) check60

Note: Federal minimums except the Minnesota row. Release review and revocation periods apply to waivers of age discrimination claims by workers 40 and older; the Minnesota 15 days applies to releases of Minnesota Human Rights Act claims and runs at the same time as the federal 7. The spouse's plan window is the usual period, not a fixed minimum.

Exhibit 2. Source: US EEOC, Understanding Waivers of Discrimination Claims in Employee Severance Agreements; US Department of Labor, A Worker's Guide to Health Benefits Under COBRA; IRS Tax Topic 413; Minnesota Statutes 363A.31

Cost is the other half of that decision. KFF, the health policy research group, found the average worker paid $120 a month toward single coverage in 2025, and put the full monthly premium at $777. At the COBRA maximum of 102% of the plan's full cost, that's $792.54 a month. The guide to health insurance after a layoff compares COBRA, marketplace prices at 50 to 64, and help with premiums.

Average monthly cost of employer health coverage to the worker, while employed and under COBRA, single and family coverage, US, 2025

US dollars

Worker share while employedCOBRA maximum (102% of total premium)
Single coverage$120$793Family coverage$571$2,294

If you're 65 or older, Medicare.gov says you have up to eight months after you stop working, or lose your health insurance if that comes first, to sign up for Part B without a late penalty, whether or not you take COBRA.

401(k) deadlines

The 401(k) has fewer deadlines in the first month than people expect. If your balance is above $7,000, IRS Publication 560 says the plan needs your consent to pay it out, so the money can stay where it is while you decide.

People often feel they should do something with it right away. We tell clients the rules usually give them room to decide after the urgent items above are handled.

Two clocks start only when money moves:

  • If the plan pays you a check, 20% is withheld for federal tax and you have 60 days from receiving it to roll it over, per IRS Tax Topic 413.
  • If you had a 401(k) loan, the unpaid amount is subtracted from your balance when you leave. IRS Publication 575 gives you until your tax return due date for that year, including extensions, to roll over that amount from other money.

The guide to your 401(k) after a layoff covers the options, the 20% withholding and the age-55 exception to the 10% early-withdrawal tax.

Day 30 review

By the end of the first month, the unemployment claim should be filed, the final paycheck received, and the spouse's plan window either used or passed. The severance review period has run for an individual layoff, and the marketplace and COBRA dates should be written down with the date each one started. A single list, sorted by due date, keeps all of it in one place.

Deadline tracker after a September 30 layoff
Layoff date
Wednesday, September 30, 2026
1File unemployment claim
Week of September 30, 2026 | Done
Request final paycheck in writing (Minnesota)
October 1, 2026 | Done
Request benefits for first week (nonpayable week)
Week of October 4, 2026 | Open
COBRA election notice arrives
October 14, 2026 | Waiting
2Severance release: last day to sign (21-day review)
October 21, 2026 | Open
Severance release: federal revocation period ends (if signed Oct 21)
October 28, 2026 | Open
5Severance release: Minnesota rescission period ends (if signed Oct 21)
November 5, 2026 | Open
3Enroll in spouse's employer plan
October 30, 2026 | Open
Choose a marketplace plan
November 29, 2026 | Open
4Elect COBRA
December 13, 2026 | Open
First COBRA payment (if elected Dec 13)
January 27, 2027 | Open
Roll over offset 401(k) loan
Tax return due date for 2026, including extensions | Open
  1. 1The day you apply doesn't change the amount, but in Minnesota the soonest payment comes in the third week of your benefit account.
  2. 2This is a minimum for workers 40 and older. You can sign sooner, but an employer can't pressure you to by threatening to change the offer.
  3. 3The shortest health insurance window on the list.
  4. 4Counted from the later of losing coverage or getting the notice, so it often ends after the marketplace window.
  5. 5Minnesota's 15 days covers state human rights claims and runs alongside the federal 7. Other states set their own rules.
Illustration with example values.

The tracker uses an example layoff on Wednesday, September 30, 2026. The COBRA election date in it counts 60 days from a notice that arrives October 14, which is why it lands two weeks after the marketplace deadline of November 29.

Working with FirstSourceTeam

FirstSourceTeam is a family-owned firm in Minneapolis, and we've coached job seekers since 2006. In the first weeks after a layoff, we start where you are: the dates on this list, the severance terms, the benefits notices, and the questions about money that keep people up at night. We help you think those through, and we don't recommend a financial product or a tax move. Then the work turns to the search, with one-to-one coaching, a rebuilt resume and LinkedIn profile, interview preparation and introductions to recruiters. If you'd like to see how we work before committing to anything, the easiest first step is our free one-hour webinar, every Wednesday at 11 AM Central with John Schrup and Misty Schnuelle.

This article is general education, not tax, investment or insurance advice. Rules change and depend on your situation; check the sources linked here and talk with a licensed professional before acting.

This article is general information, not legal advice. An employment lawyer can review the specific agreement or situation.

Sources

  1. US Department of Labor, Unemployment insurance, accessed Oct 12, 2026.
  2. Minnesota Unemployment Insurance Program, Application process, accessed Oct 12, 2026.
  3. Minnesota Unemployment Insurance Program, Your first payment, accessed Oct 12, 2026.
  4. US Department of Labor, Last paycheck, accessed Oct 12, 2026.
  5. Minnesota Office of the Revisor of Statutes, Minnesota Statutes 181.13, Penalty for failure to pay wages promptly, accessed Oct 12, 2026.
  6. Minnesota Office of the Revisor of Statutes, Minnesota Statutes 363A.31, Waiver or release; rescission, accessed Oct 12, 2026.
  7. US Equal Employment Opportunity Commission, Understanding Waivers of Discrimination Claims in Employee Severance Agreements, accessed Oct 12, 2026.
  8. US Department of Labor, Employee Benefits Security Administration, A Worker's Guide to Health Benefits Under COBRA, accessed Oct 12, 2026.
  9. US Department of Labor, Employee Benefits Security Administration, COBRA Continuation Coverage, accessed Oct 12, 2026.
  10. Legal Information Institute, Cornell Law School (Code of Federal Regulations), 29 CFR 2590.606-4, Notice requirements for plan administrators, accessed Oct 12, 2026.
  11. KFF, 2025 Employer Health Benefits Survey, accessed Oct 12, 2026.
  12. HealthCare.gov, Special Enrollment Period, accessed Oct 12, 2026.
  13. Medicare.gov, COBRA coverage, accessed Oct 12, 2026.
  14. Internal Revenue Service, Publication 575 (2025), Pension and Annuity Income, accessed Oct 12, 2026.
  15. Internal Revenue Service, Topic no. 413, Rollovers from retirement plans, accessed Oct 12, 2026.
  16. Internal Revenue Service, Publication 560 (2025), Retirement Plans for Small Business, accessed Oct 12, 2026.
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Ian Schrup

Director of Operations, FirstSourceTeam

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