[EMPLOYER LETTERHEAD]
[Employer Legal Name]
[Street Address]
[City, DC ZIP]
[Phone] | [Email]
DATE: [____]
VIA: [Hand Delivery / Certified Mail – Return Receipt Requested / Email with Read Receipt]
TO: [Employee Legal Name] (“Employee”)
[Street Address]
[City, State ZIP]
NOTICE OF INVOLUNTARY TERMINATION OF EMPLOYMENT
[// GUIDANCE: The following template is drafted for use in the District of Columbia for an at-will, non-union, non-governmental employee. Delete or modify bracketed language as appropriate for reductions-in-force, layoffs, or terminations for cause. Ensure coordination with any employment agreement, handbook, collective bargaining agreement, or severance plan that may supersede or supplement this Notice.]
TABLE OF CONTENTS
1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Continuing Obligations
6. General Provisions
7. Acknowledgment & Execution
- DOCUMENT HEADER
1.1 Effective Date of Termination. The Employee’s employment with [Employer Name] (the “Company”) is hereby terminated effective as of [Termination Effective Date] (the “Termination Date”).
1.2 Governing Law; Jurisdiction. This Notice is issued pursuant to, and shall be construed in accordance with, the laws of the District of Columbia applicable to employment relationships formed and performed wholly within the District. Exclusive venue for any dispute arising from or relating to this Notice shall lie in the courts of the District of Columbia. Arbitration, jury-trial waiver, and injunctive-relief provisions are intentionally omitted as not applicable.
- DEFINITIONS
“COBRA” means continuation coverage available under 29 U.S.C. § 1161 et seq.
“Company Property” means all tangible and intangible property of the Company, including computers, mobile devices, keys, access cards, proprietary documents, and Confidential Information (as defined in any prior agreement between Employee and Company).
“Final Pay Date” means the first business day following the Termination Date, or such earlier date as required by applicable law.
[// GUIDANCE: DC law generally requires involuntarily terminated employees to receive all earned wages no later than the next business day. Insert earlier date if the Company elects to pay on the Termination Date itself.]
- OPERATIVE PROVISIONS
3.1 Termination of Employment; At-Will Status. Employment was at will and may be terminated by either party at any time, with or without cause or advance notice. The Company has elected to end the employment relationship as of the Termination Date.
3.2 Final Compensation.
(a) Final Wages. All wages earned through the Termination Date, including any overtime premiums, will be available to Employee on the Final Pay Date via [direct deposit / live check].
(b) Accrued, Unused Paid Time Off. Employee will receive payment for [all / ___] hours of accrued but unused paid time off, less lawful withholdings, concurrently with final wages.
(c) Expense Reimbursements. Submit any outstanding, properly documented business expenses within five (5) calendar days of receipt of this Notice for prompt reimbursement.
3.3 Group Health Benefits (COBRA). Coverage under the Company’s group health plan ends at 11:59 p.m. on the Termination Date. Under COBRA, Employee (and eligible dependents) may elect to continue coverage at personal expense. A separate election notice and required forms will be mailed by the Plan Administrator within the statutory timeframe. Questions regarding COBRA should be directed to [COBRA Administrator Contact Information].
3.4 Unemployment Insurance. Employee may be eligible to apply for unemployment compensation through the District of Columbia Department of Employment Services (“DOES”). Enclosed is DOES Form 405, “Notice to Employee,” containing all information required under D.C. unemployment regulations. Eligibility and benefit determinations are made solely by DOES.
3.5 Return of Company Property. Employee must return all Company Property no later than 5:00 p.m. on the Termination Date (or such later date agreed in writing). Final pay may not be conditioned on the return of property, but failure to return may subject Employee to civil remedies.
3.6 Confidentiality; Restrictive Covenants. Any confidentiality, non-competition, non-solicitation, or invention-assignment obligations previously agreed to by Employee remain in full force and effect and are expressly reaffirmed.
3.7 References. The Company’s policy is to provide neutral employment verification limited to dates of employment and last position held, unless otherwise required by law or authorized in writing by Employee.
3.8 No Severance Unless Separately Agreed. This Notice does not constitute an offer of severance pay or benefits beyond those expressly stated. Any severance arrangement must be set forth in a separate, written agreement executed by both parties.
- REPRESENTATIONS & WARRANTIES
4.1 Company Representations. The Company represents that all monies due and owing to Employee through the Termination Date will be paid in accordance with Section 3.2.
4.2 Employee Representations. Employee represents and warrants that (a) all Company Property in Employee’s possession will be returned as required; and (b) Employee has not retained copies (electronic or hard-copy) of any Confidential Information except as explicitly permitted by written agreement.
- COVENANTS & CONTINUING OBLIGATIONS
5.1 Cooperation. For a period of ninety (90) days following the Termination Date, Employee shall reasonably cooperate with the Company in transitioning work responsibilities and in responding to legitimate business inquiries, provided such cooperation does not materially interfere with Employee’s subsequent employment. Compensation, if any, for post-termination services shall be negotiated in good faith.
5.2 Non-Disparagement. Employee agrees not to make any false or malicious statements that could reasonably be expected to harm the Company’s reputation. Nothing herein restricts Employee from providing truthful information to governmental agencies or in response to legal process.
- GENERAL PROVISIONS
6.1 Entire Agreement; No Waiver of Rights. This Notice, together with any surviving agreements referenced herein, constitutes the entire understanding with respect to the subject matter and does not waive or limit any right either party may have under applicable law.
6.2 Severability. If any provision of this Notice is held unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law, and the unenforceable provision shall be reformed to achieve, as nearly as lawfully possible, the original intent.
6.3 Amendments. No amendment to this Notice is effective unless in writing and signed by an authorized representative of the Company.
6.4 Counterparts; Electronic Signature. This Notice may be executed in counterparts (including via electronic transmission), each of which shall be deemed an original and all of which together constitute one instrument. Signatures transmitted electronically or by facsimile shall be deemed valid and binding.
- ACKNOWLEDGMENT & EXECUTION
IN WITNESS WHEREOF, the parties hereto have caused this Notice to be executed as of the dates set forth below.
COMPANY:
[Authorized Signatory Name]
[Title]
Date: _____
EMPLOYEE:
I acknowledge receipt of this Notice and understand that my employment with the Company terminates effective as stated herein. I further acknowledge that I have received the enclosures referenced above.
[Employee Name]
Date: _____
Enclosures:
1. Final Pay Statement (to be provided on Final Pay Date)
2. DOES Form 405 – “Notice to Employee” (Unemployment Insurance)
3. COBRA Election Notice & Rates (to follow under separate cover)
4. [List any additional attachments, e.g., Vacation Payout Detail, Expense Report Template]
[// GUIDANCE: Retain a signed copy in the personnel file. For terminations involving potential litigation exposure (e.g., discrimination or whistleblower allegations), consult outside counsel regarding investigative documentation, preservation of evidence, and potential severance or release agreements.]