Getting fired is disorienting, and the first 72 hours matter more than most people realize. In this video, employment attorney David Fish of Workplace Law Partners walks through exactly what to do, and what not to do, hour by hour, using the rights Illinois law already gives you. The short version: sign nothing, say little, write everything down, and know your deadlines.
Hour 1: Protect Yourself Before You Leave the Room
Do not sign anything while you are still in the termination meeting, even if you are told it is routine paperwork. You are allowed to take documents with you to review later. If your employer asks for a signature on the spot, a simple response protects you without creating conflict:
“I'd like to take this home to review before I sign anything. I'll follow up once I've had a chance to look it over.”
If you are 40 or older, federal law gives you a 21 day period to consider any severance agreement before signing, so there is rarely a reason to sign on the spot. Before the details fade or the story changes, write down what was said in the meeting, who was present, and the reason you were given for the termination, ideally that same night while it is still fresh.
Hour 2: Secure Your Records the Right Way
Once you are home, gather anything that documents your employment and performance that belongs to you personally, such as offer letters, performance reviews, pay stubs, commission or bonus records, and any emails or messages already sent to your personal accounts. Forward yourself copies of anything relevant that is still sitting in a personal inbox or on a personal device.
Do not log back into company systems, download company files, or access company email, servers, or accounts you are no longer authorized to use, even if you still technically have the password. Doing so can expose you to separate legal claims from your employer and can undermine an otherwise strong case. If you need something from company systems, request it formally instead.
Day 2: Request Your Personnel File and Final Pay
Illinois' Personnel Record Review Act gives employees the right to request their personnel file, and employers generally must respond within 7 days. You do not need a lawyer to make this request. A short email is usually enough:
“I am requesting a complete copy of my personnel file under the Illinois Personnel Record Review Act, 820 ILCS 40. Please provide this within 7 days as required by the statute. Thank you.”
Send this request in writing, keep a copy, and note the date you sent it so you can track the employer's response window. This is also the time to confirm you have received your final paycheck and any vacation payout you are owed under Illinois law, since Illinois requires final wages to be paid by the next regularly scheduled payday.
Day 3: Unemployment and Severance
Being fired does not automatically disqualify you from unemployment benefits. Benefits can be denied if your employer successfully argues “misconduct,” but that term has a specific legal meaning under Illinois law and does not cover every reason for termination, such as poor performance or a personality conflict. File for unemployment as soon as possible after your termination, since benefits are not retroactive to the date you were let go. If your employer contests your claim, you will typically have the opportunity to respond and, if needed, attend a phone or in-person hearing to explain your side before a determination is made.
Before you sign any severance agreement, ask these three questions:
1. What rights or claims am I giving up by signing this, and is that clearly listed in the agreement?
2. Is this offer final, or is there room to negotiate the amount or the terms?
3. Have I had enough time to review this fully, and does it make sense to have an attorney look at it before I sign?
Frequently Asked Questions
Do I have to sign anything before I leave after being fired?
No. You are generally not required to sign paperwork on the spot, and if you are 40 or older, federal law gives you 21 days to review a severance agreement before signing.
What is the Personnel Record Review Act?
It is an Illinois law that lets employees request a copy of their personnel file from a current or former employer, generally within 7 days of the request.
Does getting fired disqualify me from unemployment?
Not automatically. You may still qualify unless your employer can show your termination was due to misconduct as defined under Illinois law.
David Fish is an employment attorney and founder of Workplace Law Partners, representing employees in wrongful termination, discrimination, wage, and severance matters throughout Illinois.