Losing your job can be overwhelming, and in the heat of the moment, it’s easy to walk away without getting the answers you need. But before you go, it’s crucial to ask the right questions—ones that can impact your financial stability, future job prospects, and even legal rights.
Employers often use strategic tactics to protect the company when terminating an employee. They may call for a last-minute meeting with HR or a supervisor—sometimes with as little as 10 minutes’ notice. These meetings are typically brief and designed to catch employees off guard, limiting their ability to process what’s happening or ask important questions. After all, a poorly handled termination could put the company at legal risk.
If you’ve just been fired, don’t leave without clarity. Here are three critical questions you should ask before walking out the door.
Why Am I Being Terminated?
California is an at-will employment state, meaning your employer can terminate you at any time and without prior notice. However, this doesn’t give employers free rein to fire employees for unlawful reasons. There are legal limitations, and if your termination violates them, it could be considered
wrongful termination.
In many cases, companies won’t provide a specific reason for firing an at-will employee. However, if they do, this information can be crucial. Understanding the reason behind your termination can help you determine whether you were fired unlawfully—such as in
retaliation for reporting misconduct—and whether you may have grounds for a
wrongful termination
claim, unemployment benefits, or even legal action.
Will I Be Offered Severance?
California law does not require employers to provide severance pay, but it’s important to ask whether you’ll be receiving a severance package—and if so, on what terms. A severance package can include financial compensation, continued benefits, or other perks, but these agreements often come with conditions, such as waiving your right to sue the company.
Before signing anything, consider consulting with an employment attorney to review the offer. They can help ensure that the terms are fair, that you’re not unknowingly giving up important rights, and that you’re maximizing your severance benefits. Having a clear understanding of your package will allow you to plan your next steps effectively—whether that means negotiating better terms, filing for unemployment, or exploring legal options if you suspect wrongful termination.
When Do My Benefits End?
One of the most critical questions to ask is when your healthcare and other benefits will end. Some employers terminate benefits immediately upon firing, while others may allow them to continue for a set number of months. Knowing this timeline is essential for planning your next steps, such as securing new healthcare coverage or transitioning to COBRA benefits (COBRA is only required to be provided by employers with 20 or more employees, but Cal-COBRA extends similar benefits to employees of smaller employers).
If your health insurance ends right away, you may need to act quickly to avoid a gap in coverage. COBRA allows you to continue your employer-sponsored health insurance for a limited time, but it can be expensive. Alternatively, you may qualify for coverage through a spouse’s plan or a government marketplace plan.
Beyond health insurance, you should also ask about unused vacation pay, retirement plans, and other benefits. Some companies are required to pay out accrued vacation time, while others may have specific policies on handling retirement accounts or stock options after termination.
By understanding when your benefits end, you can make informed decisions about protecting your health, finances, and overall well-being.
Act Now—Know Your Rights
Losing your job can be stressful, but knowing the right questions to ask can help
protect your rights
and set you up for a more secure future. Understanding why you were terminated, whether you will receive severance, and when your benefits end can make a significant difference in shaping your next steps—whether that means filing for unemployment, negotiating severance terms, or pursuing legal action if your
termination was unlawful.
If you believe you were wrongfully terminated or need help reviewing your severance package, we’re here to help. Contact LFECR today for a free consultation and let our experienced employment attorneys guide you through your options. Don’t navigate this process alone—reach out now to protect your rights and your future.