TERMINATION NOTICE LETTER
State of Colorado
[// GUIDANCE: This template is drafted as a unilateral employment‐termination notice that incorporates Colorado-specific statutory requirements. Bracketed text should be customized for each matter. Delete any inapplicable provisions after attorney review.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Termination Notice Letter
From: [EMPLOYER LEGAL NAME], a [STATE] [corporation/LLC/other] (“Employer”)
To: [EMPLOYEE LEGAL NAME] (“Employee”)
Effective Date of Termination: [●] (“Termination Date”)
Governing Law: The laws of the State of Colorado, without regard to conflicts principles.
Recitals
A. Employee has been employed by Employer on an at-will basis pursuant to that certain offer letter dated [●] (the “Employment Agreement”).
B. Employer desires to terminate Employee’s employment effective as of the Termination Date in accordance with Colorado law and any applicable federal requirements.
2. DEFINITIONS
For purposes of this Termination Notice Letter, the following terms shall have the meanings set forth below:
“COBRA” means the Consolidated Omnibus Budget Reconciliation Act of 1985, 29 U.S.C. § 1161 et seq.
“Final Pay” means all wages, salary, earned commissions, and accrued but unused PTO/vacation that are due and payable to Employee through the Termination Date.
“Company Property” means all physical or electronic property, records, data, passwords, devices, keys, and confidential information belonging to Employer or its affiliates.
3. OPERATIVE PROVISIONS
3.1 Termination of Employment.
Employer hereby terminates Employee’s employment effective as of the Termination Date. Employment is and has always been on an at-will basis, and nothing herein shall be construed to create any contractual right to continued employment.
3.2 Final Pay.
(a) In compliance with the Colorado Wage Act, Colo. Rev. Stat. § 8-4-109(1)(a), all Final Pay is enclosed herewith (or will be made available via direct deposit) immediately upon discharge.
(b) A detailed statement of earnings, deductions, and accrued PTO payout is attached as Exhibit A.
3.3 Benefits & COBRA.
(a) Group health coverage will cease at 11:59 p.m. on the Termination Date, unless Employee elects continuation coverage under COBRA.
(b) A separate COBRA Election Notice, satisfying 29 U.S.C. § 1166(a)(4), will be sent under separate cover.
3.4 Unemployment Insurance Information.
Pursuant to Colo. Rev. Stat. § 8-74-101 et seq., enclosed as Exhibit B is Form UITL-104 (“Notice to Worker of Unemployment Insurance Availability”) containing information required for Employee to apply for Colorado unemployment benefits.
3.5 Return of Company Property.
No later than 5:00 p.m. MST on the Termination Date (or such later date agreed in writing), Employee shall return all Company Property to [NAME/TITLE]. Employer reserves all rights for any unreturned property or damage thereto.
3.6 Confidentiality & Restrictive Covenants.
Any confidentiality, non-solicitation, or other post-employment obligations previously agreed to by Employee remain in full force and effect and are expressly incorporated herein by reference.
3.7 Exit Interview.
Employee shall reasonably cooperate in an exit interview, including confirmation of password turnover and acknowledgment of continuing obligations.
4. REPRESENTATIONS & WARRANTIES
4.1 Employer Representations.
Employer represents that:
(a) Final Pay has been calculated in good faith in accordance with Colorado law and Employer policy; and
(b) Employer has provided all notices required by applicable state and federal law.
4.2 Employee Representations (No Action Required).
By accepting Final Pay, Employee is not required to make any representation or acknowledgement; however, acceptance does not constitute a release of claims. A separate Release Agreement (if applicable) will be provided for voluntary execution under the Older Workers Benefit Protection Act and all other applicable laws.
5. COVENANTS & RESTRICTIONS
5.1 Non-Disparagement.
Employee is reminded of any existing non-disparagement obligations. If none exist, this subsection is intentionally omitted.
5.2 Post-Employment Obligations.
Employee shall refrain from misappropriating Employer’s trade secrets as defined under the Colorado Uniform Trade Secrets Act.
6. DEFAULT & REMEDIES
6.1 Failure to Return Company Property.
If Employee fails to return Company Property by the deadline in Section 3.5, Employer may:
(a) offset the replacement cost against any amounts still owed to Employee to the extent permitted by Colo. Rev. Stat. § 8-4-105; and
(b) pursue all other available legal and equitable remedies.
7. RISK ALLOCATION
[// GUIDANCE: Indemnification and liability caps were marked “not applicable” in the metadata and therefore are not included.]
8. DISPUTE RESOLUTION
8.1 Governing Law & Venue.
This Termination Notice Letter shall be governed by the laws of the State of Colorado. Any action arising hereunder shall be brought in the state courts located in [COUNTY], Colorado, and the parties consent to such jurisdiction.
8.2 Arbitration.
Not applicable.
8.3 Jury Waiver.
Not applicable.
9. GENERAL PROVISIONS
9.1 No Waiver.
Failure of Employer to enforce any provision herein shall not constitute a waiver of that or any other provision.
9.2 Severability.
If any provision of this Termination Notice Letter is determined to be invalid or unenforceable, the remainder shall remain in full force and effect and shall be construed to fulfill Employer’s original intent to the maximum extent lawful.
9.3 Entire Agreement.
This Termination Notice Letter, together with any surviving agreements referenced herein, constitutes the entire agreement regarding the subject matter and supersedes all prior oral or written communications relating thereto.
9.4 Amendment.
No amendment or modification shall be effective unless in writing and signed by an authorized representative of Employer.
9.5 Electronic Delivery.
Delivery of an executed copy of this Termination Notice Letter by electronic means (including PDF) shall be effective to the same extent as an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Employer has executed and delivered this Termination Notice Letter as of the Effective Date first written above.
[EMPLOYER LEGAL NAME]
By: ____
Name: [AUTHORIZED SIGNATORY]
Title: [TITLE]
Date: ________
ACKNOWLEDGED AND RECEIVED:
(Employee signature optional for receipt only)
[EMPLOYEE LEGAL NAME]
Date: _____
EXHIBIT A
Final Pay Statement
EXHIBIT B
Colorado Unemployment Insurance Benefits Notice (UITL-104)
[// GUIDANCE:
1. Attach the Final Pay (check or direct-deposit statement) contemporaneously with delivery.
2. Provide COBRA notice within statutory deadlines; many employers include it with the termination packet.
3. Confirm immediate payment of earned but unused vacation/PTO unless a lawful forfeiture policy applies.
4. Ensure compliance with any applicable collective-bargaining agreement if Employee is unionized.
5. If offering severance conditioned on a release, use a separate Severance & Release Agreement that satisfies OWBPA (29 U.S.C. § 626(f)) and Colorado age-discrimination requirements.
]