Take the First Step
March 10, 2026 · Benjamin J. Treger
What to Do in the First 48 Hours
You just got fired. The reason they gave you doesn’t feel right. Maybe you saw it coming after you filed a complaint. Maybe it blindsided you a week after you told HR about a problem. Maybe they said “performance” but you’ve never had a negative review in your life.
Whatever happened, the next 48 hours matter. What you do right now can make or break a future legal claim. Here is what you should know.
If your employer handed you a severance agreement, a separation agreement, or any document that asks for your signature, stop. Read it carefully, take it home, but do not sign it. These documents almost always contain a general release of claims, meaning you are trading your right to sue for whatever amount they are offering. You may be entitled to significantly more.
California law gives you time to consider severance agreements. If you are over 40, federal law requires the employer to give you 21 days (or 45 days in a group layoff). Even without that statutory protection, no legitimate employer will demand your signature on the spot. If they are pressuring you to sign immediately, that is a red flag that the offer is unfavorable and they don’t want you to get legal advice.
An attorney can review the agreement, evaluate what claims you may be giving up, and negotiate a better deal if the initial offer undervalues your rights.
Before your email access gets cut off (which can happen within hours of termination), forward any relevant communications to your personal email. This includes: performance reviews (especially positive ones). Emails from your manager praising your work or acknowledging accomplishments. The complaint you filed with HR. Any written warnings or disciplinary notices (so you can see whether they are consistent with reality). Text messages with supervisors or colleagues about workplace issues. Your offer letter and any amendments to your compensation or role. The employee handbook, especially policies on discipline, termination, and complaint procedures.
Also write down the names and personal contact information of coworkers who witnessed what happened or who can speak to your performance, the workplace conditions, or the events leading up to your termination. Once you are no longer an employee, these individuals become harder to reach and their memories start to fade.
While the details are fresh, write a detailed timeline. When did the problems start? What event or action preceded the change in your employer’s behavior? What did you report, and to whom? How did your employer respond? Were there any witnesses to key conversations or incidents? What reason did they give for the termination? Who was in the room when they told you? Did the reason match what you had been told previously about your performance? Did anything about the process feel unusual or inconsistent with how other employees were treated?
This contemporaneous account will be invaluable later. Memories fade and details blur over time. A written timeline created within days of the event is far more credible and useful than a reconstruction months later.
File your unemployment insurance claim immediately through the California Employment Development Department (EDD). This is your legal right, and there is no reason to delay. Filing starts a paper trail and begins the process of replacing some of your lost income.
If your employer contests the claim and argues you were fired for cause, that dispute can actually help your legal case. It forces the employer to state their reasons for termination on the record, under penalty of perjury. If those reasons later change in the context of litigation (which happens frequently), the inconsistency becomes evidence that the stated reason was pretextual.
It is tempting to vent on social media, on Glassdoor, or to anyone who will listen. Resist the urge. Anything you post publicly can be used against you in litigation. It can be taken out of context, used to argue that you are not credible, or cited as evidence that you are motivated by anger rather than legitimate legal claims. It can also violate non-disparagement clauses if you signed any agreements during your employment.
Vent to a trusted friend, a family member, or a therapist. Keep your online presence clean and professional.
When you lose your job, you typically lose your employer-sponsored health insurance at the end of the month of termination. You are entitled to continue coverage under COBRA (federal) or Cal-COBRA (state) for up to 18 to 36 months, but you will pay the full premium (employer and employee portions). Alternatively, you may qualify for coverage through Covered California with subsidies based on your reduced income. Explore your options quickly so you do not have a gap in coverage.
Most plaintiff’s employment attorneys, including our firm, offer free initial consultations. You pay nothing to find out whether you have a case. An experienced attorney can look at your situation and identify claims you may not even realize you have. Wrongful termination cases frequently involve multiple overlapping violations: discrimination, retaliation, wage theft, FMLA interference, failure to accommodate, breach of contract, and more. Each violation carries its own damages, and the combined value is often far greater than any single claim.
The sooner you consult an attorney, the better your options. Statutes of limitations apply, evidence disappears, and employer stories harden over time. Early consultation gives you the best chance of preserving evidence and building the strongest possible case.
At Treger Legal, every case is taken on contingency. You pay nothing unless we win.
This post is for informational purposes only and does not constitute legal advice. If you believe you were wrongfully terminated, consult with a qualified employment attorney about your specific situation.