First Steps

You lost your job – here’s what to do first

Last updated: June 2024

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Disclaimer: This resource is intended to provide helpful information and should not be considered legal advice. Individuals should defer to the information and guidance provided by state unemployment office websites, which are being regularly updated.

Layoffs & Severance Agreements

Many aspects of the layoff process will vary depending on things like the specific union contract language at a company, the number of people being laid off, the reason for the layoffs, and so on. But there are also some aspects that are applicable no matter the specifics of your situation.

This section gives an overview of what happens immediately after you’re informed of a layoff, the first steps you should take, and best practices and broadly applicable guidelines that will help make the process easier to navigate.

Other helpful resources

We also recommend reviewing the layoff guides published at Vox and Motherboard/VICE. These articles — both written by WGAE members! — provide in-depth information about things like notice periods and how to back-up/save your data.

First things first:

Take a breath. This is an immensely stressful time, but fortunately your union membership means that you have resources and support available.

Immediately after you’re told about the layoff 

Immediately after you are laid off, email your WGAE reps and your shop steward. One of the Guild’s roles is to ensure that you receive the contractual severance, to make sure that the termination was not retaliatory against you for participating in any projected concerted activity (like union participation or leadership) or a product of discrimination against you, and to be there for you during the process.

When you’re called into your initial meeting to discuss the layoff

Take notes! Document as much as you can – including who is in attendance, the specifics being offered, whether or not a severance agreement was provided in the meeting, any important dates, and/or if any reason was given for your particular termination. You should also write down any questions you think of during your meeting.

Dealing with severance agreements

If you receive a severance agreement during your initial meeting:

You do not need to sign anything at the meeting. You will have a specific period of time to review and sign your severance agreement.

Tell your manager/HR that you need time to look over your documents. They must allow you some time to review the agreement (the specific timeframe depends on the contract and other factors).

If you don’t receive a severance agreement in the initial meeting:

Ask your manager/HR rep if/when you should expect to receive a severance agreement.

When you do receive it, be sure to note the deadline they provide.

If you are 40 years old or older, you have additional protections when it comes to severance:

The Age Discrimination in Employment Act (ADEA) and Older Workers Benefit Protection Act (OWBPA) establish certain protections for workers 40 years old and up. Under the ADEA/OWBPA, laid-off workers aged 40 years or older must be given at least 21 days to consider the severance offer. If the layoff is part of a group termination, they must have at least 45 days to review.

After the initial meeting

  1. If you work in the Film/TV/Streaming or Broadcast/Cable/Streaming News sector, send your severance agreement to the WGAE. No matter when you get your severance agreement, once you do receive it, send the agreement to your union rep so you can review the forms and severance terms together. (Note:  If you work in the Online Media or Podcast sectors, the WGAE will receive a copy of your severance agreement from the company.) Many questions about the agreement may need to be sent to the company’s HR representative, and the Guild can help facilitate this.
  2. Read your severance agreement and your CBA. Your union contract will outline the negotiated severance. Make sure your agreement has the correct amount of severance. If you have any questions or notice any issues, get in touch with your shop steward and WGAE representatives.
  3. Stay in touch with WGAE staff and your shop steward. If you work in the Online Media or Podcast sectors, the WGAE will receive a copy of your severance agreement from the company. WGAE staff will alert you – and the company – of any issues with the language of the severance agreement, but you can also contact us with any questions or concerns.
  4. Save the contact info for the company’s HR representative, a copy of your severance agreement, and the company’s notice of termination to your personal computer. You will lose access to work systems, so make sure you know who to contact to retrieve any paystubs, W-2s, or other related information you may need down the road.

Preparing for loss of access to systems (a.k.a. saving your data)

In most cases, after your layoff notification and meeting, you will probably have anywhere from 20 minutes and the rest of the day to collect important information from your workplace’s Slack, Dropbox, Google Drive, email, etc. before your laptop shuts off/you lose access.

Be sure to backup any contacts you have in your email account (here are guides for exporting your contacts from Gmail and from Outlook).

Keep in mind that your work files/emails/calendar don’t just disappear. They will typically be forwarded to your supervisor. Be mindful of any sensitive or private content you have in those folders — is there anything in there you don’t want others to see?

Download your personal files, photos, etc. from your work devices (e.g., phone, computer) and transfer the data to your personal device. You can download onto a USB drive, hard drive, or cloud storage.

Update any personal accounts that use your work email. If any social media or other accounts are linked to your work email, switch them to your personal address ASAP.

Note that work files generally belong to your employer and should not be downloaded unless you have permission from your employer. Your CBA might include language about IP ownership and the protocol for requesting certain files.

Applying for Unemployment Insurance (UI)

The Guild has compiled some general tips and resources to assist you with the often confusing process of applying for Unemployment Insurance (UI). However, if you are having specific problems with UI, we encourage you to contact your state’s UI office and/or a UI attorney. The Guild may assist you with legal referrals as well.

If you need a UI attorney and cost is an issue, you may be able to find a Legal Aid attorney or law school clinic that can assist you. New York residents can refer to the Legal Aid Society or Volunteer Lawyers for the Arts. Residents of other states can use LawHelp and the ABA’s Directory of Law School Public Interest & Pro Bono Programs to find support.

Unemployment Insurance resources

You should apply for UI in the state in which you reside. We’ve included direct links to the UI offices in New York, California, New Jersey and Illinois, where the majority of members reside, as well as resources for finding your state’s UI office if you live in another state.

For New York residents

For California residents

For New Jersey residents

For Illinois residents

Residents of other states

Unemployment FAQs

Note: UI policies are state-specific, so answers to many questions will depend on the state in which you reside. Unless otherwise specified, answers below are typically in reference to New York policy.

Which state should I apply for UI benefits in?

Apply for UI in the state in which you live. The U.S. Department of Labor provides a general overview of UI benefits and eligibility, but specifics will vary by state.

If you live in New York, you can find information on the New York State DOL website.

If you live in another state, you can use the CareerOneStop Unemployment Benefit tool to find the unemployment benefit office for your state.

CareerOneStop (a US Department of Labor resource) also has a State Resource Finder which can be used to find government offices, nonprofits, and other programs that can help you with employment, training, benefits, health care, housing, or other needs.

I was working remotely/for a virtual writers room – where should I apply for benefits?

Generally, you should file your claim with the state where you worked. ​In other words, you should apply in the state where you were physically located for most of your work.

If you worked in a state other than the one where you now live or if you worked in multiple states, the state UI agency where you now live can provide information about where you should apply, and how to file your claim with other states if necessary.

Am I eligible for unemployment if I am fired for cause?

Maybe. In New York, your eligibility for UI if you were fired depends on the reason you were terminated. You may be eligible for benefits if your employer discharged or fired you because you could not meet their performance or production standards, or their qualifications for the job. However, you may be denied benefits if you were fired because you violated a company policy, rule or procedure, such as absenteeism or insubordination.

A worker who was fired for cause may still be eligible for UI as long as the reason that they were fired is not misconduct under state law or a breach of company policy. However this will usually need to be demonstrated to the DOL.

Am I eligible for unemployment if I am a temporary/per diem employee and my work hours are reduced or if I am between work assignments but I am not discharged?

It depends. In New York State, you may be eligible for a partial unemployment benefit if you work 30 hours or fewer and earn $504 or less in gross pay excluding earnings from self-employment. If your hours are reduced enough that you meet this threshold, you may collect unemployment. You may also be eligible for New York’s Shared Work program if your employer is approved to participate and you meet the eligibility criteria.

Will my severance count against my unemployment insurance? What if I receive my severance more than 30 days after being laid off?

In New York: In NY, severance is considered wages and you will be eligible for UI after your severance period ends. The exception to this is if you receive your severance 31 days after your last day of employment.

In California, severance is not considered wages, so these considerations don’t apply.

The policies in other states will vary.

Is dismissal/severance pay paid in a lump sum treated differently from payments made over a period of time?

Again, this depends on the UI rules in your state.

If you live in New York: Any dismissal/severance pay you receive within 30 days of your last day of employment, whether as a lump sum or in payments made to you over a period of time, may affect your benefits.

Usually, the time period covered by the lump-sum payment will be clearly spelled out in your severance /dismissal pay agreement or plan. If it is not, the Department of Labor’s Telephone Claims Center will determine the time period that the lump-sum payment covers. They will look at your actual average weekly pay or the average weekly pay of your highest-earning calendar quarter in your base period to determine the length of time covered by the lump-sum dismissal/severance payment. 

The NYS Department of Labor provides answers to some frequently asked questions about severance and unemployment insurance on their website.

I will receive my severance more than 30 days after being laid off. Does that mean I should answer “No” on the UI form when it asks me if I am receiving severance?

When in doubt, answer truthfully. The UI office will contact you if they have questions.

Am I still eligible for unemployment benefits if I’m receiving residual compensation?

Most likely, yes. Residuals are considered income and used to calculate eligibility and benefit amounts, so should be reported when applying for unemployment – the higher the income reported when applying, the higher the weekly benefit will be.

I am receiving unemployment benefits, but I am also receiving residuals and/or other income. Do I need to report this?

Report all residuals earnings, and the relevant state agency will make a determination as to your benefit eligibility.

Each state differs slightly in what they require to be reported. Generally, income that you receive in a week needs to be reported. This includes part-time work, self-employment income, 1099 income, etc. This income will offset your weekly benefit amount, but residuals are treated differently in different states.

In New York, for example, residual income is not used to offset your weekly benefit amount. In California and New Jersey, on the other hand, will offset the weekly benefit amount. You can ask your

Am I eligible for unemployment if I am paid through an S-corp or loanout?

It depends on how you were paying yourself, as well as some other factors.

If you were paying yourself as a 1099 employee, were taking cash distributions, or were being paid as a pass-through entity, your eligibility will depend on how your corporation was set up.

If you have been paying yourself as a W-2 employee (or if you have been paying yourself both as a W-2 employee and as a 1099 employee), you will likely qualify for UI, but a claim’s impact on your corporation will also vary depending on how your corporation was set up.

The New York DOL has published some general guidance on S-corps and UI eligibility in NY.

Please contact Legal@wgaeast.org if you have additional questions on UI eligibility and your loanout or S-corp.

Am I eligible for unemployment if…

Eligibility depends on the guidelines for your state, and is often impacted by the specifics of an individual’s situation. You can find unemployment eligibility criteria for your state by using the CareerOneStop Unemployment Benefit tool.

When should I apply for unemployment?

You should apply as soon as possible, because there is a waiting time for becoming eligible and there may be delay in the UI office reviewing your application.

Healthcare & COBRA

Losing your employer-provided health insurance can often be one of the most difficult parts of losing a job. COBRA — the federal law that allows eligible workers to temporarily keep health coverage after employment ends — is an option, but the cost of coverage is often very high.

The Guild does not administer COBRA – it is a federal program. However, many Guild CBAs try to mitigate the loss of health coverage by negotiating that the company covers COBRA. Maintaining coverage through COBRA works slightly differently depending on your specific CBA — your WGAE rep will be able to provide you more information on your particular situation.

If you live in New York State and receive health insurance through the PWGA Pension & Health fund, you may be eligible for the New York COBRA Premium Assistance Program for Entertainment Industry Employees.

This COBRA subsidy was created to help eligible entertainment industry employees maintain health insurance during episodic employment. Eligible participants can receive assistance equal to 75% of their COBRA premiums, for up to 12 months in a 5 year period.

To learn more about the NYS COBRA Premium Assistance Subsidy for Entertainment Industry Employees and find out if you are eligible, visit the New York Department of Financial Services.

The section below provides some general information and tips for the federal COBRA program and other healthcare-related resources.

Helpful links

Healthcare & COBRA FAQs

When will my employer-provided or PWGA Plan health insurance end?

If you were covered by the Writers’ Guild-Industry Health Fund (PWGA)

If you were covered by your employer health plan: Usually, your coverage ends on your last day of work or at the end of that month. The company will inform the plan of your last day of coverage, and you should receive an election notice from the provider.

If you have not received an election notice within 14 days of your notice of layoff, you can contact HR. If there is a delay, however, don’t panic: you have 60 days from losing coverage to elect COBRA.

I have a Flexible Spending Account (FSA) through my employer. What happens to that money?

You should call your FSA provider for the specifics of your plan, but generally you have 30 days after layoff to spend the money in your FSA. Make sure you use it! You can use FSAStore.com to order FSA-eligible products online if you need to spend your remaining funds.

Does COBRA take effect immediately after I lose coverage?

COBRA is retroactive to the day that you lost coverage, but your insurance may appear as inactive the 1st day of the month after you were laid off until all the necessary paperwork has been administered.For example: if you are laid off on January 15 and you go to the doctor on February 1, your insurance will appear to be inactive.

You can still go to the doctor during this period, but make sure you save the bills and/or let your doctor know you will be electing COBRA and ask them to resubmit the bills to insurance after you are able to sign up for COBRA. You can also resubmit the bills after COBRA coverage kicks in.

Am I eligible for the NY COBRA subsidy?

You must have been previously covered by the Producers-WGA Health Plan, or another entertainment industry health plan (through SAG or DGA, etc.) to qualify for the Subsidy. You can find information about the New York COBRA Subsidy, including eligibility criteria, on the Department of Financial Services website.

Can I sign up for the WGA Health Plan if I was not enrolled in it while I was employed?

No.

My family was covered under my employer health plan. Can they be covered under COBRA?

Yes, but the cost of the COBRA premium will be different. Whether your employer covers COBRA premiums for your dependents will depend on your particular CBA.

COBRA premiums aren’t part of my severance agreement, I don’t qualify for the New York Entertainment Worker COBRA Subsidy, and/or I don’t want to use COBRA. What are my other healthcare options?

You may be able to get an affordable health insurance plan through the Health Plan Marketplace, with savings based on your income and household size. You may also qualify for free or low-cost coverage through Medicaid or the Children’s Health Insurance Program (CHIP).

Your household size and income, not your employment status, determine what health coverage you’re eligible for and how much help you’ll get paying for coverage.

The US Healthcare Marketplace website provides information on the options available to you if you are unemployed.

What other healthcare resources are available to me?

The Entertainment Community Health Fund offers support for entertainment industry workers who need guidance or support with health insurance, including personalized health insurance counseling provided nationally, guidance and enrollment support; referrals to health care resources; and more. They also offer a free healthcare clinic and provide free flu shots for industry members each fall.

Members working in the performing arts/entertainment industries can also refer to The Friedman Health Center for the Performing Arts in Manhattan for support.

Maintaining your WGAE membership after leaving a WGAE shop

Note for members who work under the MBA: This section is specifically for members whose dues were paid by checkoff. If you work under the Minimum Basic Agreement (MBA), this is usually not the case, and you can skip this section.

If you joined the WGAE through a workplace-specific contract and your dues were deducted automatically through the company’s payroll (i.e., you’re in the WGAE’s Online Media, Broadcast/Cable/Streaming News, or Podcast sector), the contract itself will no longer apply to you after your employment ends, and the company will no longer pay your dues.

However, even after you leave a WGAE-represented shop, you can maintain your WGAE membership – and we encourage you to do so! – for $40/quarter.

Maintaining WGAE membership means that you can:

  • continue to vote in WGAE Council elections and run for Council
  • vote for the annual Writers Guild Awards,
  • receive event invitations and screeners,
  • participate in various WGAE initiatives and programs, and
  • qualify for discounts and services like Union Plus.

It also means that if you are hired in a new position at another WGAE-represented shop, you will not need to pay that shop’s initiation fee.

In other words, remaining a member means staying in the WGAE community, and helping to build and preserve union power.

To maintain your membership after losing your job, contact WGAE membership and let them know that you plan to remain a member. This costs $40 per quarter (i.e., $40 every 4 months).

WGAE Staff Contacts

The Guild is here to help members dealing with the challenges and complexities of unemployment and to refer you to the best resources for your situation.

If you have questions about UI eligibility, severance agreements, or other matters related to unemployment, reach out to the WGAE staff member who represents your sector/workplace:

  • Film/TV/Streaming
    • Mack Harden, Business Agent (mharden@wgaeast.org)
    • Michelle Kuchinsky, Director of Contract Enforcement & Credits (mkuchinsky@wgaeast.org)
  • Online Media and Podcasts (if you do not know the name of the WGAE Field Representative for your workplace)
    • Jocelyn Krause, Deputy Director of Online Media and Podcasts (jkrause@wgaeast.org)
    • Terri Nilliasca, Director of Online Media and Podcasts (tnilliasca@wgaeast.org)
  • Broadcast/Cable/Streaming News
    • Tamara Konate, Field Representative (tkonate@wgaeast.org)
    • Michael Isaac, Director of Broadcast/Cable/Streaming News (misaac@wgaeast.org)
  • Nonfiction
    • Ross Hart, Field Representative (rhart@wgaeast.org)

Disclaimer: This resource is intended to provide helpful information and should not be considered legal advice. Individuals should defer to the information and guidance provided by state unemployment office websites, which are being regularly updated.

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