NOTICE OF TERMINATION OF EMPLOYMENT
[State of Georgia]
[// GUIDANCE: This template is drafted for use by Georgia employers in at-will employment relationships. It is designed to satisfy Georgia final-pay rules, federal/Georgia COBRA obligations, and unemployment-benefit notice requirements. Customize all bracketed items before issuance.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Reserved)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
I. DOCUMENT HEADER
- Date of Notice: [DATE]
- From (the “Company”): [LEGAL NAME OF EMPLOYER], a [STATE OF INCORPORATION] [CORPORATION/LLC], with its principal place of business at [ADDRESS].
- To (the “Employee”): [EMPLOYEE LEGAL NAME], residing at [ADDRESS].
- Effective Date of Termination (the “Termination Date”): [DATE]
- Governing Law: State of Georgia. See Section VIII.
Recitals
A. The Employee has been employed by the Company on an at-will basis since [START DATE].
B. The Company has elected to terminate the employment relationship effective as of the Termination Date, subject to the terms set forth below.
C. The parties desire to confirm their respective rights and obligations arising out of the termination.
II. DEFINITIONS
For purposes of this Notice, capitalized terms have the meanings set forth below:
“COBRA Administrator” – The third-party administrator or internal plan administrator responsible for processing continuation-coverage elections under 29 U.S.C. § 1161.
“Final Pay” – All wages, salary, and any earned but unused vacation or PTO owed through the Termination Date, payable in accordance with O.C.G.A. § 34-7-2.
“Separation Notice” – Georgia Department of Labor Form DOL-800 or any successor form required to advise separated employees of unemployment-benefit rights.
“Company Property” – All tangible and intangible property of the Company, including but not limited to keys, access cards, computer hardware, software, documents, and confidential information.
III. OPERATIVE PROVISIONS
3.1 Termination of Employment. Effective as of the Termination Date, the Employee’s employment with the Company is terminated. Employment benefits and entitlements cease on that date except as expressly provided herein or under applicable law.
3.2 Final Pay.
a. The Company will remit the Employee’s Final Pay on the next regularly scheduled payday following the Termination Date, but in no event later than such payday, in compliance with O.C.G.A. § 34-7-2.
b. All authorized deductions (e.g., taxes, benefit premiums, wage garnishments) will be withheld as required by law.
3.3 Benefits Continuation (COBRA).
a. The Employee may be eligible to continue group health-care coverage under the federal Consolidated Omnibus Budget Reconciliation Act (“COBRA”) (29 U.S.C. § 1161 et seq.) and, if applicable, Georgia’s “mini-COBRA” statute, O.C.G.A. § 33-24-21.1.
b. A COBRA election packet will be provided by the COBRA Administrator within the statutory timeframe (generally 44 days after the loss-of-coverage date). The Employee must elect continuation coverage within 60 days of receipt of the notice.
c. Premium payments for continued coverage are the Employee’s sole responsibility unless otherwise agreed in a separate written agreement.
3.4 Unemployment Insurance. Enclosed with this Notice is the required Separation Notice, which the Employee may present to the Georgia Department of Labor when applying for unemployment benefits. Eligibility determinations are exclusively within the jurisdiction of the Georgia Department of Labor.
3.5 Return of Company Property. No later than the Termination Date (or such later date authorized in writing by the Company), the Employee must return all Company Property in good working order and delete/destroy any electronic Company information stored on personal devices.
3.6 Confidentiality and Restrictive Covenants. The Employee remains bound by all confidentiality, non-competition, non-solicitation, intellectual-property-assignment, and similar obligations contained in prior agreements, each of which survives termination in accordance with its terms.
IV. REPRESENTATIONS & WARRANTIES
4.1 Company Representation. The Company represents that it will pay all amounts due under Section 3.2 and provide all notices required by law.
4.2 Employee Representation. The Employee represents that all Company Property in his/her possession will be returned by the deadline in Section 3.5 and that the Employee has not retained copies (electronic or hard copy) of confidential information, other than pay records lawfully belonging to the Employee.
V. COVENANTS & RESTRICTIONS
5.1 Non-Disparagement. The Employee agrees not to make statements, written or oral, that are disparaging of the Company, its officers, directors, or products, except as compelled by law.
[// GUIDANCE: Consider tailoring this provision if the Employee will execute a separate severance or release agreement containing broader non-disparagement obligations.]
5.2 Cooperation. Upon reasonable notice and without additional compensation (other than reimbursement of out-of-pocket expenses), the Employee will cooperate with the Company in any pending or future investigations, litigation, or administrative proceedings regarding events that occurred during employment.
VI. DEFAULT & REMEDIES
6.1 Employee Default. Failure to comply with Sections 3.5 or 5 constitutes a default. Upon default, the Company may pursue any remedies available at law or equity, including specific performance and recovery of damages.
6.2 Attorney’s Fees. In any action to enforce this Notice, the prevailing party is entitled to recover reasonable attorney’s fees and court costs, subject to any limitations imposed by Georgia law.
VII. RISK ALLOCATION (Reserved)
[// GUIDANCE: Indemnification and liability-cap provisions are not customary for a unilateral termination letter and are therefore omitted.]
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This Notice is governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-laws rules.
8.2 Forum Selection. Any action arising out of or relating to this Notice shall be brought exclusively in the state courts located in [COUNTY], Georgia, and each party irrevocably submits to the personal jurisdiction of such courts.
8.3 Arbitration. Not applicable.
8.4 Jury Waiver. Not applicable.
IX. GENERAL PROVISIONS
9.1 Entire Agreement. This Notice constitutes the entire understanding of the parties concerning the subject matter hereof and supersedes all prior oral or written communications relating thereto, except that any surviving restrictive-covenant or intellectual-property-assignment agreement remains in full force.
9.2 Amendments; Waivers. No amendment or waiver of any provision of this Notice is effective unless it is in writing and signed by the party against whom enforcement is sought.
9.3 Severability. If any provision of this Notice is held invalid or unenforceable by a court of competent jurisdiction, the remainder of the Notice shall remain in full force and the invalid provision shall be reformed to the minimum extent necessary to render it valid and enforceable.
9.4 Assignment. The Employee may not assign this Notice or any rights or obligations hereunder. The Company may assign this Notice to any successor by merger, consolidation, or asset sale.
9.5 Counterparts; Electronic Signature. This Notice may be executed in counterparts, each of which is deemed an original. Signatures transmitted by facsimile, PDF, or other electronic means are deemed to be original signatures and are fully enforceable.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Notice effective as of the Date of Notice first written above.
COMPANY:
[LEGAL NAME OF EMPLOYER]
By: ____
Name: [TYPED NAME]
Title: [OFFICER TITLE]
Date: _______
EMPLOYEE:
Signature: ____
Name: [EMPLOYEE LEGAL NAME]
Date: ________
(Notary acknowledgment is not required for enforceability under Georgia law but may be added for evidentiary purposes.)
[// GUIDANCE: Attach the following documents, as applicable:
1. Final paycheck detail or wage statement.
2. COBRA election packet (or third-party administrator contact information).
3. Georgia DOL-800 Separation Notice, completed and signed on or before the Termination Date.
4. Itemized list of Company Property to be returned, with a signature block for acknowledgment of receipt/return.]