Fired in California? What to Do in Your First 48 Hours

Quick answer: Don't sign anything, don't vent in writing, and start preserving evidence immediately. Your final paycheck — including all earned wages and unused vacation — is due on your last day if you were fired. What you do in the first two days often determines whether you have a case and how strong it is.

Hour one: don't sign, don't argue, take notes

If you're handed a severance agreement, a release, or "exit paperwork" in the termination meeting, you are not required to sign on the spot — and you shouldn't. Say you'll review it. The moment the meeting ends, write down everything while it's fresh: who was in the room, exactly what reason was given, and the words used. Terminations have a way of acquiring new justifications later; your contemporaneous notes lock in version one.

Day one: preserve your evidence

Once your accounts are cut off, evidence disappears. Before that happens — or from whatever you can lawfully access — preserve:

• Your offer letter, handbook, and any contracts


• Pay stubs and W-2s


• Performance reviews and commendations


• Emails and texts about your complaints, your leave, your accommodation requests, or the events leading up to the firing


• The names and personal contact info of coworkers who saw what happened


• A written timeline: when you complained, when things changed, when you were fired

Forward work documents only if you can do so lawfully — don't take confidential files. Your own pay records and communications about your own employment are generally fair game.

Day one: collect your final paycheck

California requires all earned wages — final pay, accrued unused vacation and PTO, earned commissions — on your last day when you're terminated (Labor Code § 201). If you quit without notice, it's due within 72 hours. Every day it's late, up to 30 days, you're owed a full day's wages as a waiting time penalty (Labor Code § 203). "It's in the next payroll run" is not the law.

Day two: think before you post, and get advice

Don't sign the severance, don't post about the company, and don't send angry messages — everything you write will be an exhibit someday. File for unemployment right away (being fired does not disqualify you unless the employer proves misconduct). Then talk to an employment lawyer before the severance deadline, not after. If any of the 87 protected reasons describe your situation — a complaint you made, leave you took, who you are — the severance offer is a starting number, not a final one.

Frequently asked questions

They told me to sign the severance today or lose it. Is that legal pressure real? Mostly bluff — and in California, a severance agreement must give you notice of your right to consult an attorney and a reasonable period of at least five business days to do so. If you're 40 or older and asked to release age claims, federal law gives you 21 days and a 7-day revocation window.

Do I have a wrongful termination case just because the firing was unfair? Unfair isn't the test; unlawful is. But the reasons that make a firing unlawful are far broader than most people think — see our 87 Reasons guide.

Should I return company property? Yes, promptly, and document it. Don't give them a clean issue to point at.

How long do I have to bring claims? It varies — some claims allow three years, others less. Deadlines start running immediately, and evidence gets colder every week.

Buchsbaum & Haag, LLP represents employees throughout Long Beach, Los Angeles County, and Orange County. Free consultations: 562.733.2498. This article is attorney advertising and general information, not legal advice.