Sourced figures from our layoff guides

Last updated: May 20, 2026
Last full audit: May 20, 2026
Update cadence: Quarterly (first Monday of January, April, July, October), plus trigger-based updates for major rule changes

Common questions this answers

• How many days do I have to review my severance?
• Can my employer enforce my non-compete?
• Are non-disparagement clauses in my severance enforceable?
• What does COBRA cost compared to ACA marketplace coverage?
• When can I file for unemployment if I’m on salary continuation?
• How long does the average job search take?
• Are short-term health plans worth it?
• Does my state offer extra ACA subsidies?
• Which ACA plans are HSA-eligible?
• What’s the severance benchmark at major tech employers?
• How much does H-1B premium processing cost?

Severance and termination

OWBPA: Severance review windows for workers 40+

Last verified: May 20, 2026 Source: EEOC OWBPA page, 29 U.S.C. § 626(f)

The windows for workers 40 and older:

• Individual layoff: 21 days to consider, plus 7 days to revoke after signing
• Group layoff or reduction in force (two or more workers 40+ terminated together): 45 days to consider, plus 7 days to revoke after signing
• Workers under 40: No federal minimum; whatever the agreement states applies (often 7 to 21 days)

These windows apply when the severance agreement asks a worker 40 or older to release age-discrimination claims. They come from the federal Older Workers Benefit Protection Act, part of the Age Discrimination in Employment Act.

If your employer gave you a 21-day window for what was actually a group layoff, the waiver of age-discrimination claims may be unenforceable. Consult an employment attorney to evaluate your specific situation.

Statute citation: 29 U.S.C. § 626(f). Group-layoff sub-provision at 29 U.S.C. § 626(f)(1)(F)(ii).

McLaren Macomb: Non-disparagement and confidentiality limits

Last verified: May 20, 2026 Source: NLRB McLaren Macomb decision (372 NLRB No. 58, 2023)

In its 2023 McLaren Macomb decision, the National Labor Relations Board held that severance agreements containing overly broad non-disparagement or confidentiality clauses can violate the National Labor Relations Act for workers covered by the NLRA (most private-sector non-supervisory employees).

Provisions that may be problematic under the framework: - Bars on speaking publicly about the workplace or working conditions - Bars on coordinating with former coworkers - Confidentiality clauses broad enough to chill protected concerted activity - Bars on filing complaints with government agencies

The decision does not invalidate all non-disparagement clauses, and enforcement depends on the specific language and the worker’s coverage under the NLRA. An employment attorney can evaluate your specific agreement.

Non-competes: Federal status and state framework

Last verified: May 20, 2026 Source: FTC Non-Compete Rule page; state attorneys general

Federal status. The FTC issued a rule in April 2024 that would have banned most non-compete agreements nationwide. The rule was blocked by federal court order before its effective date and remains subject to ongoing litigation. The current effective status of the FTC rule changes as litigation proceeds. Verify current federal status directly at the FTC’s non-compete page before relying on it.

State law. Independent of federal action, states regulate non-competes themselves. The framework varies significantly:

• Broad prohibition: California, North Dakota, Oklahoma, and Minnesota generally prohibit non-competes against most workers
• Strong limits with exceptions: Many states (Massachusetts, Colorado, Washington, Illinois, others) restrict non-competes through statutory limits on duration, geographic scope, or compensation thresholds
• Enforced with traditional limits: Most other states enforce non-competes if “reasonable” in duration, geographic scope, and protected interest, with significant case-by-case variation

For your specific state, consult your state attorney general’s office, state bar association, or an employment attorney licensed in your state. The National Conference of State Legislatures maintains overview data, but state law changes frequently and authoritative interpretation requires a state-specific source.

Health insurance after layoff

COBRA and ACA marketplace after job loss

Last verified: May 20, 2026 Sources: Department of Labor COBRA page; HealthCare.gov losing job-based coverage page; HealthCare.gov Special Enrollment Period

COBRA timelines (stable federal rules): - 60 days to elect, starting from the later of the date the COBRA notice is provided or the date your coverage ends - 45 days from election to make the first premium payment - 18 months of continuation coverage in most cases (longer in some circumstances such as disability)

COBRA cost structure: - Federal law allows the plan to charge up to 102% of the full group premium (full premium plus a 2% administrative fee) - Specific dollar ranges vary widely by region, plan type, age, and family size. For current typical ranges in your area, request a Summary of Benefits and Coverage from your former employer or the plan administrator.

ACA marketplace after job loss: - Losing job-based health coverage qualifies you for a Special Enrollment Period of 60 days after job loss - ACA premium tax credits (subsidies) are based on expected annual household income, which post-layoff is often significantly lower than pre-layoff income - Many people find ACA plans significantly cheaper than COBRA, especially with subsidies, but the trade-offs (network, deductibles, prescription coverage) need to be checked plan-by-plan - Use HealthCare.gov’s cost estimator (or your state’s marketplace) to compare

ACA subsidy structure as of last verification: The enhanced ACA premium tax credits originally enacted under the American Rescue Plan and extended by the Inflation Reduction Act are subject to legislative action. Verify the current subsidy structure at HealthCare.gov before relying on specific subsidy numbers, as Congressional action can change this.

Unemployment insurance

Salary continuation and unemployment eligibility

Last verified: May 20, 2026 Source: State labor departments (state-specific); general principle from U.S. Department of Labor unemployment insurance overview

Short answer: In some states, salary continuation can delay your unemployment eligibility. In others, it does not.

The longer story. If your severance is structured as “salary continuation” (meaning you remain on payroll for a set period), some states treat it as ongoing wages. Other states treat it as a separation payment that doesn’t affect eligibility timing.

States that have historically treated salary continuation as ongoing wages include New Jersey, New York, and California, among others. State rules and interpretations change. The authoritative answer for your specific situation comes from your state’s labor department, not from a general reference.

Practical guidance:

• Read the separation agreement carefully. Does it characterize you as “kept on payroll” through a date, or as “separated effective [date]” with severance paid afterward?
• Call your state’s unemployment office and ask before filing if you have any doubt.
• A 15-minute call is the fastest way to a correct answer.

For state-specific unemployment program information, see the Department of Labor’s CareerOneStop unemployment finder.

BLS unemployment duration statistics

Last verified: May 20, 2026 Source: Bureau of Labor Statistics, Table A-12, Unemployed persons by duration of unemployment

The BLS publishes monthly statistics on the average (mean) and median duration of unemployment in the United States, broken down by the length of time individuals have been unemployed. The mean is typically several times higher than the median because a relatively small number of long-duration unemployment spells pull the average up.

For planning purposes: - Mean duration (the average) is the better number for runway planning, because it accounts for the tail risk of a longer-than-expected search - Median duration (where half are above, half below) is shorter and reflects the typical experience

Specific figures change month to month. Check the most recent BLS Table A-12 release for the current numbers.

Health insurance: additional resources

Short-term plans: duration and limitations

Last verified: May 20, 2026 Source: HealthCare.gov on short-term plans; applicable HHS regulations

Short-term health plans (also called “short-term limited duration insurance,” or STLDI) are sold outside the ACA marketplace and operate under different rules than ACA-compliant plans.

Allowable duration: The maximum allowable duration of short-term plans has changed multiple times across recent administrations through regulatory action. The current maximum duration must be verified directly at HealthCare.gov or via HHS guidance before relying on a specific number.

What short-term plans typically do not cover: - Pre-existing conditions - Mental health and substance use disorder care - Prescription drug coverage (or only limited) - Maternity care - Preventive care without cost-sharing - The ACA’s essential health benefits in general

Short-term plans are appropriate primarily for healthy people bridging short coverage gaps. They are generally not appropriate for anyone with ongoing medication, mental health treatment, or chronic conditions.

State-level marketplace subsidies

Last verified: May 20, 2026 Source: State marketplaces and state insurance department websites

Several states have implemented their own subsidies that supplement or replace federal ACA premium tax credits. These programs vary in eligibility, amount, and structure.

States with state-run ACA marketplaces and known state subsidy programs include California (Covered California), Massachusetts (Health Connector), Maryland, Connecticut, Washington, and others. Specific program details, eligibility thresholds, and subsidy amounts vary by state and year.

If your state runs its own marketplace, check the state marketplace site directly. Federal HealthCare.gov does not surface state-specific subsidies. The full list of state-run marketplaces is at HealthCare.gov state marketplace listings.

HSA eligibility for marketplace plans

Last verified: May 20, 2026 Source: IRS Publication 969 (Health Savings Accounts); HealthCare.gov

To be eligible to contribute to a Health Savings Account (HSA), a person must be covered by an HSA-qualified high deductible health plan (HDHP) and meet other IRS requirements.

HSA eligibility for ACA marketplace plans has shifted over time. Historically, only certain ACA marketplace plans (some Bronze, some HSA-eligible Silver) qualified as HDHPs for HSA purposes. Recent legislative and regulatory changes have affected which marketplace plan tiers are HSA-eligible.

Verify current HSA-eligibility rules for your specific plan choice: - Check IRS guidance for the current year’s HDHP minimum deductible and maximum out-of-pocket thresholds - When shopping on HealthCare.gov or a state marketplace, filter for “HSA-eligible” plans specifically - Consult a tax advisor before making decisions premised on HSA contributions, as eligibility rules can change

For 2026 HDHP thresholds and HSA contribution limits, see the IRS Publication 969 current version.

Tech industry severance

Major tech employer severance benchmarks

Last verified: May 20, 2026 Source: Company HR portals, public layoff coverage, Blind community reports

The severance terms below reflect terms offered in recent rounds of layoffs at major tech employers. Specific terms change with each layoff round. Your own severance offer is the only authoritative figure for your situation. Use these as ballpark expectations, not as a basis for negotiation positions without confirming current terms.

Tech severance typically has three components: cash severance (often expressed as weeks of base pay), service-credit additions (additional weeks per year of tenure), and equity acceleration (vesting some or all of unvested RSUs).

Recently observed terms at major employers (subject to change, verify before relying):

• Google: Approximately 16 weeks base severance, with additions for years of service and partial acceleration of RSUs scheduled to vest near the termination date
• Meta: Approximately 16 weeks base, additions for years of service, acceleration of RSUs vesting within a window after termination, plus extended health coverage
• Microsoft: Approximately 2+ months base, with additions for years of service and partial RSU acceleration within a window
• Amazon: Generally less generous than peer companies, often no equity acceleration in standard severance

For startups, severance varies wildly and equity acceleration is typically only offered if negotiated. Negotiation leverage at a startup is usually higher than at a large tech employer.

For your specific severance offer: - Read the separation agreement carefully, including any equity acceleration provisions - Compare against your specific equity grant agreements (which govern what “acceleration” actually means in your case) - Check Blind, Layoffs.fyi, and Reddit threads from the same wave of layoffs at your employer for what others received - Consult an employment attorney if the offer seems significantly below recent benchmarks at your employer

Immigration

H-1B premium processing fee

Last verified: May 20, 2026 Source: USCIS Form I-907 page

Premium processing is an optional service that guarantees USCIS adjudication of certain petitions (including H-1B Form I-129) within 15 business days, with USCIS issuing either an approval, a Request for Evidence, an intent to deny, or a denial within that window. If USCIS does not act within 15 business days, the fee is refunded.

Current fee: USCIS sets the Form I-907 premium processing fee. The fee is adjusted periodically by USCIS. Verify the current fee directly at the USCIS Form I-907 page before relying on a specific number. Recent fee levels have been in the $2,500-$3,000 range, but the exact figure changes.

Who typically pays: Either the petitioning employer or the H-1B beneficiary, depending on the specific filing context and employer policy. USCIS rules govern who is permitted to pay in certain scenarios.

When premium processing is most useful in a post-layoff context: When a new H-1B petition is being filed by a new employer during the 60-day grace period and the worker needs adjudication before the grace period expires. Standard processing can take months; premium processing closes that window to weeks.

Coming soon

Additional entries will be added as the layoff guides reference them. Topics in scope: COBRA premiums and ACA subsidies, HSA and FSA rules, 401(k) distribution mechanics, equity vesting and acceleration, non-compete enforceability by state, ADEA and McLaren Macomb framing, H-1B and OPT timelines, premium processing fees, WARN Act thresholds, BLS unemployment statistics, severance benchmarks by company.

If you’re looking for a specific number that’s referenced in our guides but not yet on this page, email hello@trujob.io and we’ll prioritize adding it.

This page is maintained as a public reference for our community. It does not create an attorney-client, advisor-client, or any other professional relationship. We update it quarterly and on triggers for major rule changes, but underlying laws and regulations change and our updates may lag. Always verify against the authoritative source before relying on any specific figure.