What the Layoff Day-1 Triage Wizard actually produces

1. **Do NOT sign anything yet.** You have 21 days under OWBPA to review—use every day. Set a hard deadline of Day 18 to decide, leaving 3 days for revocation if needed. 2. **Request severance details in writing.** Email HR asking for: (a) severance formula, (b) health insurance subsidy duration, (c) outplacement (if offered), (d) reference agreement terms. Do not negotiate verbally. 3. **Pull your final paycheck, accrued PTO, and equity details.** Confirm all unused PTO will be paid out (CA law requires this). Ask HR about vesting acceleration or extended exercise windows on stock options. 4. **Review the separation agreement with a California employment lawyer (OWBPA-qualified).** Budget $500–800 for a 1-hour consult. Focus on non-compete, IP assignment, and release scope—these are moveable. 5. **Notify your mortgage lender, childcare provider, and insurance broker TODAY.** Give them a heads-up about the income change so you can plan for any adjustments or hardship programs by end of week. 6. **Disable work Slack, email, and VPN access yourself** (don't wait for IT). Screenshot any work product, recommendations, or contact lists you'll need for networking—before access revokes.

Subject: Severance Discussion — Request for Written Details Hi [HR Contact], I've received the separation package and want to ensure I understand all terms before signing. Given the OWBPA 21-day review window, I'd like to request the following in writing by [date: 5 business days from today]: 1. **Severance amount and payment schedule** — lump sum or installments? Any conditions (e.g., non-disparagement, non-solicitation)? 2. **Health insurance transition** — will the company subsidize COBRA or marketplace premiums? For how long? 3. **Equity treatment** — any acceleration of vesting, or extended exercise window on outstanding options? 4. **Outplacement/career support** — if offered, scope and duration? 5. **Reference agreement** — what can HR/management say about my tenure and performance? 6. **Final paycheck and accrued PTO** — confirm all unused vacation will be paid out per California law. I'm committed to a smooth transition and want to make sure both sides are clear on expectations. I'll have a full response (including any follow-up requests) within 10 business days. Thanks, [Your name]

**Marketplace over COBRA.** With 3 months of runway and a moderate shortfall, COBRA's 18-month premium (often 102% of group rate) will drain cash faster than marketplace plans. You have a Special Enrollment Period (SEP) triggered by loss of coverage—use it to shop ACA plans immediately (no waiting period, no penalties). Enroll by the SEP deadline (~60 days post-termination) to avoid a gap. A Silver or Bronze plan for a family of 3–4 in California will likely cost $400–700/month on marketplace vs. $1200–1600 for COBRA. That's $2400–7200 saved over 12 months—critical at your runway. Keep COBRA paperwork in case you need it mid-year.

**Week 1: Lock Down Finances & Legal Review** - Day 1–3: Retain employment lawyer; send severance questions to HR (see negotiation script). - Day 4–5: Pull all financial statements (mortgage, car, childcare costs). Create a 3-month burn-down spreadsheet with and without severance. - Milestone: Lawyer review draft of separation agreement; HR responds with written severance terms. **Week 2: Negotiate & Stabilize Health Insurance** - Day 8–10: Based on lawyer feedback, draft 1–2 counter-proposals (target: extended severance, equity acceleration, or reference clause softening). - Day 11–14: Enroll in marketplace health insurance (shopping now gives you buffer before SEP deadline). - Milestone: Counter-offer submitted to HR; marketplace health plan elected; final paycheck and PTO payout date confirmed. **Week 3: Decide & Revoke Window** - Day 15–18: Make sign/no-sign decision with lawyer. If signing, lock revocation date in calendar (Day 21). - Day 19–21: Sign if satisfied, or revoke if not. Either way, you've maximized negotiating room. - Milestone: Separation agreement signed or formally rejected; revocation window closed; outplacement service (if any) activated. **Week 4: Transition & Job Search Kickoff** - Day 22–28: Notify your network (former colleagues, mentors, industry contacts) of your availability. Apply to 3–5 strong-fit roles. - Day 25+: If severance includes outplacement, schedule first session. Begin tracking severance disbursement. - Milestone: LinkedIn updated; 5+ networking outreach emails sent; 3+ job applications submitted; outplacement intake completed (if applicable).

- **Overly broad non-compete.** California voids these, but language can still intimidate. Push back on any "non-solicitation of customers" that outlasts 12 months or covers a 50+ mile radius. - **Mutual non-disparagement with asymmetric reach.** You're an individual; they're a brand. Ensure the clause is mutual and time-limited (e.g., 18–24 months, not "in perpetuity"). - **AI/IP assignment creep.** Confirm that anything you create *after* termination is yours. Some 2024–2025 agreements wrongly claim post-employment work product. - **Overly broad release language.** Watch for releases that include "all claims arising out of or related to employment"—this can waive WARN Act claims or final wage claims. Carve out wage/hour disputes. - **"Resignation in lieu" or "mutual separation" framing.** If they're laying you off, do not sign language that recharacterizes it as resignation (affects unemployment, references, future claims). - **Reference clause voids.** Ensure the agreement explicitly permits neutral references (job title, dates, final role, performance rating). Do not accept a clause that locks HR into "no comment." - **Clawback or claw-forward language.** Confirm severance is not contingent on achieving unstated milestones or "post-signing performance."