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Life Guide U.S. essentials
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Written by this site from official U.S. sources

When you lose your job, know that severance is not required by federal law, check whether the 60-day WARN notice applies, and file an EEOC charge within 180 days if it was discrimination

  • High value
  • Evidence A
  • Saves money
  • Free
  • Takes some hours
  • No willpower

In plain words

U.S. federal law does not require severance pay. You get it only if your employer's plan or your agreement promises it, so read any severance offer carefully before you sign. Large employers (100 or more employees) must give at least 60 days' written notice before a plant closing or mass layoff. If you believe you were fired because of discrimination, you generally have 180 calendar days to file a charge with the EEOC, or 300 days where a state or local agency enforces a similar law.

Cost

Free. Reading your contract or severance offer and filing a charge takes a few hours.

What you get

Department of Labor: "There is no requirement in the Fair Labor Standards Act (FLSA) for severance pay." "Severance pay is a matter of agreement between an employer and an employee." If you didn't get severance promised under an employer-sponsored plan, the Employee Benefits Security Administration (EBSA) may be able to help. WARN Act: employers with 100 or more employees (generally not counting those who have worked less than six months in the last 12 months or average less than 20 hours a week) must give "at least 60 calendar days advance written notice of a plant closing and mass layoff affecting 50 or more employees at a single site of employment." Exceptions exist for unforeseeable business circumstances, faltering companies and natural disasters. EEOC: "In general, you need to file a charge within 180 calendar days from the day the discrimination took place." That is "extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis" (for age discrimination, only if there is a state law and a state agency enforcing it). Weekends and holidays count, but if the deadline falls on one, you have until the next business day. To file, use the EEOC Public Portal or call 1-800-669-4000. If your deadline is close, call and ask for an immediate interview.

Notes

These are federal rules. Employers can ask the State Dislocated Worker Unit about notice requirements in their state (DOL), so state rules may add to these. The Labor Department administers WARN but "has no enforcement role in seeking damages for workers who did not receive adequate notice". WARN covers plant closings and mass layoffs, not a single person being fired. For harassment, the 180/300 days run from the last incident. After a job loss, also see the unemployment and health insurance entries.

Evidence grade
A: Specific numbers from meta-analyses, large cohorts or randomized trials; for law and policy, the statute or official text.
Sources
  1. U.S. Department of Labor. Severance Pay. https://www.dol.gov/general/topic/wages/severancepay （核对的是 web.archive.org 2026年9月22日的存档）
  2. U.S. Department of Labor. Plant Closings and Layoffs (WARN). https://www.dol.gov/general/topic/termination/plantclosings （核对的是 web.archive.org 2026年10月7日的存档）
  3. U.S. Equal Employment Opportunity Commission. Time Limits For Filing A Charge. https://www.eeoc.gov/time-limits-filing-charge （核对的是 web.archive.org 2026年9月27日的存档）
  4. U.S. Equal Employment Opportunity Commission. How to File a Charge of Employment Discrimination. https://www.eeoc.gov/how-file-charge-employment-discrimination （核对的是 web.archive.org 2026年10月9日的存档）

Sources checked 2026-10-12

Replaces in the original

Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you.