KNOW YOUR RIGHTS

When to talk to a lawyer

Most of a layoff you can handle yourself. A few moments are different: the stakes are high, the clock is short, and a professional's read is worth it. Here's how to tell, and how to find one without spending a fortune.
The severance you're being asked to sign
You're 40 or older. Federal law (the OWBPA) gives you 21 days to consider it (45 in a group layoff), plus 7 days to revoke after you sign. If the paperwork doesn't reflect that, that's a flag.
It includes a non-compete, a non-solicit, or a sweeping non-disparagement clause.
The release waives “all claims” and you think you might actually have one (see below).
The amount is large, or the payout is tied to conditions you don't fully follow.
You're being pushed to sign today. There's almost never a real reason to.
You don't think it was really about the role
The timing lines up with a protected characteristic: age, race, sex, pregnancy, disability, religion, or national origin.
It came right after a complaint, a medical or FMLA leave, or whistleblowing. That can be retaliation.
The cuts fell hardest on one protected group.
Move quickly: discrimination claims usually go through the EEOC first, with a 180–300 day filing window.
Money you earned and didn't get
Your final paycheck, earned commissions, or accrued PTO weren't paid (many states set a hard deadline for this).
Unpaid overtime, or you were called “exempt” when the actual work wasn't.
You were a “1099 contractor” but worked like an employee (misclassification).
A mass layoff with no warning
Your site cut a lot of people with little or no notice. The federal WARN Act usually requires about 60 days' notice for mass layoffs and closings, and some states are stricter.
No notice was given, and no pay in place of it.
Your immigration status is tied to the job
You're on an employment visa (H-1B and similar). There's typically a 60-day grace period, and the clock starts the day you're let go.
Talk to an immigration attorney before that window narrows your options.
A new offer with unusual strings
Clawbacks, aggressive IP-assignment language, or a non-compete buried in a new contract.
Anything you'd struggle to undo later if it turns out to bite.
HOW TO FIND ONE, AFFORDABLY
You may need a lawyer less often, and more affordably, than you think. Many employment lawyers give a free first consultation, and wage and discrimination cases are often taken on contingency, meaning you pay nothing up front.
Find an employee-side employment lawyer (NELA)
Your state bar's lawyer referral service
Free or low-cost legal aid (income-based)
Facing discrimination? Start with the EEOC
This is general information, not legal advice. When the stakes are real, talk to a licensed employment attorney before you act.

Common questions

Do I have time to think before signing severance?

If you're 40 or older, federal law (the OWBPA) requires 21 days to consider it, or 45 in a group layoff, plus 7 days to revoke after signing. Paperwork that ignores those timelines, or pressure to sign today, is a reason to have someone look first.

When is it worth getting a lawyer after a layoff?

When the stakes are real: a severance with non-competes or broad non-disparagement terms, possible discrimination or retaliation (the EEOC window is a tight 180 to 300 days), unpaid wages or commissions, or visa status if you're on an employment visa (roughly 60 days). Many lawyers do free first consultations, and discrimination or wage claims are often taken on contingency, so cost may not be the barrier you expect.

Is a layoff with no warning illegal?

Not by itself, but the federal WARN Act requires about 60 days' notice for mass layoffs, and some states require more. If your site cut a lot of people with little notice and no pay in place of it, that may be a violation worth discussing. Timing matters here, so get advice early.

What in a severance agreement signals I need a lawyer?

Non-compete, non-solicit, or sweeping non-disparagement clauses that could box in your next job; large or condition-tied payouts you don't fully understand; and a release waiving 'all claims' when you might actually have one. Missing the legal minimum review time (21 days, or 45 in a group layoff, if you're 40 or older) is another flag.