NOTICE OF TERMINATION OF EMPLOYMENT
(Alabama)
TABLE OF CONTENTS
- I. Document Header
- II. Definitions
- III. Operative Provisions
- IV. Representations & Warranties
- V. Covenants & Restrictions
- VI. Default & Remedies
- VII. Risk Allocation
- VIII. Dispute Resolution
- IX. General Provisions
- X. Execution Block
I. DOCUMENT HEADER
A. Parties
This Notice of Termination of Employment (“Notice”) is issued by [COMPANY NAME], an Alabama corporation with its principal place of business at [COMPANY ADDRESS] (“Company”), to [EMPLOYEE NAME], residing at [EMPLOYEE ADDRESS] (“Employee,” and together with Company, the “Parties”).
B. Effective Date
This Notice is effective as of [EFFECTIVE DATE].
C. Recitals
WHEREAS, Employee has been employed by Company pursuant to that certain employment arrangement dated [ORIGINAL EMPLOYMENT DATE] (“Employment Arrangement”); and
WHEREAS, Company desires to terminate Employee’s employment, and Employee acknowledges receipt of this Notice;
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Company hereby issues this Notice, and Employee hereby acknowledges and agrees as follows:
II. DEFINITIONS
For purposes of this Notice, the following capitalized terms shall have the meanings set forth below. Terms defined herein shall apply equally to singular and plural forms.
- “COBRA Administrator” means [NAME / THIRD-PARTY ADMINISTRATOR] responsible for administering continuation coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”).
- “Final Pay” means all wages earned through the Termination Date, including any accrued but unused vacation or paid time off that is payable under Company policy.
- “Termination Date” means [TERMINATION DATE], the last day that Employee is considered employed by Company for any purpose.
[// GUIDANCE: Add or delete defined terms as necessary.]
III. OPERATIVE PROVISIONS
3.1 Termination of Employment
(a) Nature of Termination. Employee’s employment with Company is hereby terminated, effective as of the Termination Date, [WITH CAUSE / WITHOUT CAUSE / AT WILL].
(b) At-Will Disclaimer. Nothing herein alters Alabama’s at-will employment doctrine or creates any contractual right to future employment.
3.2 Final Pay
Company shall remit Employee’s Final Pay no later than the next regular payroll date following the Termination Date, or earlier if Company elects in its sole discretion. Payment shall be made via [DIRECT DEPOSIT / CHECK] to Employee’s designated account on record.
3.3 Benefits; COBRA Continuation
(a) Coverage Termination. Employee’s group health care and other Company-sponsored benefit coverage shall cease as of [LAST DAY OF THE MONTH IN WHICH TERMINATION OCCURS] unless otherwise required by law.
(b) COBRA Notice. Under 29 U.S.C. § 1166(a), COBRA continuation coverage may be available. The COBRA Administrator will issue a separate COBRA Election Notice within the statutory period. Employee is solely responsible for timely election and payment of any applicable premiums.
3.4 Unemployment Insurance
Employee may be eligible for unemployment compensation through the Alabama Department of Labor. Eligibility determinations are made exclusively by the Department. Employee may file a claim online at https://www.labor.alabama.gov or by calling (866) 234-5382.
3.5 Return of Company Property
On or before [RETURN DATE], Employee shall return to Company all Company Property, including but not limited to keys, identification badges, credit cards, computers, mobile devices, documents (paper and electronic), and any other proprietary materials.
3.6 Post-Employment Obligations
All confidentiality, non-competition, non-solicitation, intellectual-property-assignment, and other restrictive covenants contained in the Employment Arrangement (collectively, “Restrictive Covenants”) survive termination and remain in full force in accordance with their terms.
IV. REPRESENTATIONS & WARRANTIES
4.1 Employee Representations
Employee represents and warrants that:
(a) Employee has not retained, copied, or disclosed any Confidential Information;
(b) Employee will comply with the Restrictive Covenants; and
(c) Employee has reported all work-related injuries sustained during employment.
4.2 Company Representations
Company represents and warrants that:
(a) Final Pay will include all compensation due through the Termination Date; and
(b) COBRA continuation information will be provided in compliance with federal law.
4.3 Survival
The representations and warranties in this Section IV shall survive the Termination Date for a period of [12] months, except where a longer period is required by applicable law.
V. COVENANTS & RESTRICTIONS
5.1 Mutual Non-Disparagement
Each Party agrees not to make any statements that could reasonably be construed to disparage or harm the reputation of the other Party.
5.2 Cooperation
Employee shall cooperate reasonably with Company in any pending or future investigation, litigation, or administrative proceeding relating to events that occurred during Employee’s employment, provided Company reimburses reasonable out-of-pocket expenses.
5.3 Compliance with Law
Employee shall comply with all applicable federal, state, and local laws, including but not limited to those relating to trade secrets and proprietary information.
VI. DEFAULT & REMEDIES
6.1 Events of Default
Any breach by Employee of Sections 3.5 (Return of Company Property) or 5 (Covenants & Restrictions) constitutes an “Employee Default.”
6.2 Notice and Cure
Upon written notice of Employee Default, Employee shall have [5] business days to cure such default to Company’s reasonable satisfaction.
6.3 Remedies
If Employee fails to cure, Company may pursue one or more of the following, at its election:
(a) injunctive relief;
(b) recovery of actual damages;
(c) reimbursement of attorney’s fees and costs incurred to enforce this Notice.
VII. RISK ALLOCATION
7.1 No Indemnification
[INTENTIONALLY OMITTED — indemnification not applicable per metadata.]
7.2 Limitation of Liability
[INTENTIONALLY OMITTED — liability caps not applicable per metadata.]
7.3 Force Majeure
Neither Party shall be liable for delays or failure to perform due to causes beyond its reasonable control, excluding payment obligations.
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This Notice and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflict-of-laws principles.
8.2 Forum Selection
The Parties irrevocably submit to the exclusive jurisdiction of the state courts located in [COUNTY], Alabama for any action arising out of or relating to this Notice.
8.3 Arbitration; Jury Waiver; Injunctive Relief
[INTENTIONALLY OMITTED — not applicable per metadata.]
IX. GENERAL PROVISIONS
9.1 Entire Agreement
This Notice, together with the Employment Arrangement solely as to the surviving Restrictive Covenants, constitutes the entire agreement between the Parties regarding termination of employment and supersedes all prior oral or written communications on that subject.
9.2 Amendment; Waiver
No amendment or waiver of any provision shall be effective unless in a writing signed by both Parties. A waiver of any breach shall not operate as a waiver of any subsequent breach.
9.3 Assignment
Employee may not assign or delegate any rights or obligations under this Notice. Company may assign its rights and obligations to a successor in interest.
9.4 Severability
If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.
9.5 Counterparts; Electronic Signature
This Notice may be executed in any number of counterparts, each of which is deemed an original and all of which constitute one instrument. Signatures exchanged via PDF, facsimile, or electronic signature platform shall be deemed originals.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties hereto have executed this Notice as of the Effective Date.
COMPANY:
[COMPANY NAME]
By: ____
Name: [SIGNATORY NAME]
Title: [TITLE]
Date: ________
EMPLOYEE:
[EMPLOYEE NAME]
Date: _____
[// GUIDANCE:
1. Review Section 3.2 to confirm compliance with Company policy on accrued vacation payout.
2. If providing severance, insert severance provisions (including general release language) in Section III or attach a separate Severance Agreement.
3. For multi-state employers, confirm that the forum selection in Section 8.2 does not conflict with any employment agreement or handbook.
4. Retain a signed copy in Employee’s personnel file and deliver a copy to Employee via preferred method (e-mail, certified mail, or hand delivery).]