NOTICE OF TERMINATION OF EMPLOYMENT
(Florida – At-Will Employment)
[// GUIDANCE: This template is intentionally more robust than a typical termination letter in order to match the “Required Document Architecture” and to embed defensive drafting. Practitioners should delete or streamline any sections deemed unnecessary for a particular matter.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies (Reserved)
VII. Risk Allocation (Reserved)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
Date: [DATE]
To: [EMPLOYEE_NAME]
[EMPLOYEE_ADDRESS]
From: [EMPLOYER_NAME]
[EMPLOYER_ADDRESS]
Re: Notice of Termination of Employment – Effective Date: [LAST_DAY] (the “Effective Date”)
Governing Law: State of Florida
Forum Selection: Exclusive jurisdiction and venue in the state courts located in [COUNTY], Florida.
Recitals
WHEREAS, Employee has been employed in an at-will capacity by Employer as [POSITION]; and
WHEREAS, Employer has elected to terminate Employee’s employment effective as of the Effective Date;
NOW, THEREFORE, Employer hereby issues this Notice of Termination of Employment (the “Notice”) pursuant to the terms and conditions set forth below.
II. DEFINITIONS
The following capitalized terms shall have the meanings indicated below for all purposes of this Notice:
- “COBRA” means the Consolidated Omnibus Budget Reconciliation Act of 1985, 29 U.S.C. §§ 1161 et seq.
- “COBRA Administrator” means [COBRA_ADMIN_CONTACT] or such other third-party administrator designated by Employer.
- “Company Property” means all tangible and intangible property belonging to Employer, including, without limitation, keys, access cards, electronic devices, documents, and Confidential Information.
- “Confidential Information” has the meaning set forth in Section V.1.
- “Final Pay Date” means [FINAL_PAY_DATE], being the next regular payroll date following the Effective Date.
- “Policy Manual” means Employer’s employee handbook, code of conduct, and any other written policies in effect as of the Effective Date.
III. OPERATIVE PROVISIONS
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Termination of Employment
1.1 Employment Relationship. Employer hereby terminates Employee’s at-will employment effective as of the Effective Date.
1.2 Cause. The termination is [WITH_CAUSE / WITHOUT_CAUSE]. [// GUIDANCE: Choose one. “With cause” terminations may impact unemployment eligibility and benefits continuation.] -
Final Compensation
2.1 Final Pay. Employee will receive, on the Final Pay Date, (a) all earned but unpaid wages through the Effective Date and (b) payment for accrued but unused vacation or PTO in accordance with the Policy Manual.
2.2 Deductions. Employer will withhold applicable federal, state, and local taxes and any authorized deductions.
[// GUIDANCE: Florida law requires final wages to be paid on the next regular payday; Fla. Stat. Ann. ch. 448 contains no accelerated deadline.] -
Benefits & COBRA Notice
3.1 Health Insurance. Employee’s group health coverage will terminate at 11:59 p.m. on the Effective Date.
3.2 COBRA Continuation. Employee (and eligible dependents) may elect to continue group health coverage under COBRA for up to 18 months, subject to timely election and premium payment. A separate COBRA election packet will be sent by the COBRA Administrator within 14 days of the Effective Date. Employee must submit the completed COBRA election form and first premium by [COBRA_ENROLLMENT_DEADLINE].
3.3 Other Benefits. Participation in all other Employer-sponsored benefits will terminate pursuant to the terms of each applicable plan. -
Unemployment Insurance
4.1 Eligibility Information. Employee may apply for unemployment compensation through the Florida Department of Economic Opportunity. Eligibility is determined exclusively by the State of Florida under Fla. Stat. ch. 443.
4.2 Employer Cooperation. Employer will provide timely and accurate separation information to the state agency and will [NOT CONTEST / CONTEST] Employee’s claim, subject to its legal rights. -
Return of Company Property
Employee must return all Company Property to [HR_CONTACT] no later than the Effective Date. -
Post-Employment References
Employer’s policy is to confirm only dates of employment and last position held unless otherwise required by law or authorized by Employee in writing. -
Acknowledgment of Receipt
Employee must sign and return the Acknowledgment page (Section X) to [HR_CONTACT] by [ACKNOWLEDGMENT_DUE_DATE]. Failure to sign does not negate the effectiveness of this Notice.
IV. REPRESENTATIONS & WARRANTIES
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By Employee
(a) Employee has not used or disclosed, and will not use or disclose, any Confidential Information except as authorized by Employer;
(b) Employee has returned or will return all Company Property in Employee’s possession or control;
(c) Employee has no pending claims against Employer that have not been disclosed in writing; and
(d) Employee’s execution and delivery of the Acknowledgment does not violate any other agreement or legal obligation. -
Survival. The representations and warranties in this Section IV shall survive the termination of Employee’s employment.
V. COVENANTS & RESTRICTIONS
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Confidentiality. Employee shall continue to maintain the confidentiality of Employer’s trade secrets and proprietary information (“Confidential Information”) in accordance with the Policy Manual and applicable law.
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Restrictive Covenants. Any restrictive covenants previously agreed to by Employee, including but not limited to non-competition, non-solicitation, or intellectual property assignment agreements, remain in full force and effect in accordance with their respective terms.
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Non-Disparagement. Employee agrees not to make any false or misleading statements that could reasonably be expected to harm Employer’s reputation. Employer’s management likewise agrees to abide by its internal protocols regarding reference inquiries.
VI. DEFAULT & REMEDIES (Reserved)
[// GUIDANCE: Not typically applicable to a termination letter; retain for comprehensive architecture compliance if desired.]
VII. RISK ALLOCATION (Reserved)
[// GUIDANCE: Indemnification and liability caps are flagged “not_applicable” in metadata; section intentionally omitted.]
VIII. DISPUTE RESOLUTION
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Governing Law. This Notice and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law rules.
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Jurisdiction & Venue. The parties submit to the exclusive jurisdiction of the state courts located in [COUNTY], Florida, and waive any objection based on forum non conveniens.
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Arbitration. Not applicable per metadata.
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Jury Waiver. Not applicable per metadata.
IX. GENERAL PROVISIONS
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Entire Agreement. This Notice, together with any surviving restrictive covenants and benefit plan documents, constitutes the entire agreement between the parties with respect to the subject matter hereof.
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Amendment & Waiver. No amendment or waiver of any provision of this Notice shall be effective unless in writing and signed by the party against whom enforcement is sought.
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Severability. If any provision of this Notice is held unenforceable, such provision shall be severed and the remaining provisions shall remain in full force.
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Assignment. Employee may not assign any rights or delegate any obligations under this Notice. Employer may assign this Notice to any successor by merger, consolidation, or asset sale.
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Electronic Signatures. Signatures transmitted via electronic means shall be deemed original and binding. Fla. Stat. § 668.50 (Florida Electronic Signature Act).
X. EXECUTION BLOCK
ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING
By signing below, Employee acknowledges receipt of this Notice, understands its contents, and agrees to comply with the obligations set forth herein.
| Employee | Employer |
|---|---|
______ |
______ |
| [EMPLOYEE_NAME] | Authorized Signatory [NAME & TITLE] |
| Date: _______ | Date: _______ |
[// GUIDANCE:
1. Attach COBRA election packet and any state-mandated benefit continuation notices.
2. If offering severance, use a separate Severance Agreement & Release that complies with the Older Workers Benefit Protection Act, if applicable.
3. Confirm that any non-compete provisions comply with Fla. Stat. § 542.335 (restrictive covenants).]