NOTICE OF TERMINATION OF EMPLOYMENT

[// GUIDANCE: A termination letter is primarily a notice, not a contract. The format below follows best-practice defensive drafting for Hawai‘i employers while remaining concise and immediately usable.]

TABLE OF CONTENTS

1. Parties & Effective Date
2. Statement of Termination
3. Termination Date
4. Final Pay & Accrued Benefits (HI-Specific)
5. Group Health Coverage (COBRA)
6. Unemployment Insurance Eligibility
7. Return of Company Property
8. Confidentiality & Post-Employment Obligations
9. Governing Law; Reservation of Rights
10. Acknowledgment & Execution

1. Parties & Effective Date

This Notice of Termination of Employment (the “Notice”) is issued as of [EFFECTIVE DATE] by [EMPLOYER LEGAL NAME], a [STATE] [corporation/LLC/etc.] (“Employer”), to [EMPLOYEE FULL LEGAL NAME] (“Employee”).

2. Statement of Termination

Employer hereby terminates Employee’s employment on the terms set forth below.
[// GUIDANCE: If the employee is under contract, insert cross-reference to the governing agreement and cite the specific termination clause.]

3. Termination Date

Employee’s last day of employment will be [TERMINATION DATE] (the “Termination Date”). All access to Employer’s premises, systems, and confidential information shall cease as of 5:00 p.m. local time on that date unless otherwise directed in writing.

4. Final Pay & Accrued Benefits (HI-Specific)

4.1 Final Wages. Consistent with applicable Hawai‘i law, Employer will pay all wages earned and unpaid, including accrued but unused vacation (if applicable), no later than the next working day following the Termination Date. Payment will be made by [method—e.g., direct deposit/check].
4.2 Deductions & Offsets. Employer may withhold lawful deductions (e.g., taxes, authorized benefit premiums, and any properly documented amounts authorized in writing by Employee).
4.3 Expense Reimbursements. Submit all outstanding, properly documented business expenses within [NUMBER] calendar days of the Termination Date for reimbursement pursuant to Employer policy.

5. Group Health Coverage (COBRA)

You may be eligible to continue group health coverage at your own expense under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). A separate COBRA election notice containing premium information and deadlines will be mailed to your address of record within the statutory timeframe. Coverage is contingent on timely election and payment of applicable premiums.
[// GUIDANCE: If the employer is not subject to federal COBRA (fewer than 20 employees), insert Hawai‘i “mini-COBRA” language instead.]

6. Unemployment Insurance Eligibility

Nothing in this Notice is intended to affect your right, if any, to apply for unemployment insurance benefits through the Hawai‘i Department of Labor & Industrial Relations (“DLIR”). Eligibility determinations are made solely by DLIR. Employer will respond truthfully to any agency inquiries.

7. Return of Company Property

On or before the Termination Date (or an earlier time as requested), Employee shall return all Company Property, including but not limited to:
• keys, access cards, identification badges;
• computers, mobile devices, storage media;
• documents (electronic and hard-copy), creations, and notes relating to Employer’s business; and
• any other property or data belonging to Employer.

Employer may withhold final wages to the limited extent permitted by Hawai‘i law only for unreturned Company Property that is expressly covered by a written, signed forfeiture or deduction authorization.
[// GUIDANCE: HRS § 388-6 restricts set-offs—consult counsel before offsetting.]

8. Confidentiality & Post-Employment Obligations

Any confidentiality, proprietary-information, non-solicitation, non-competition, or invention-assignment obligations previously agreed to by Employee remain in full force and effect. Nothing herein is intended to waive or modify such obligations. Employee further acknowledges an ongoing duty to preserve Employer’s trade secrets and confidential information.

9. Governing Law; Reservation of Rights

This Notice is governed by, and shall be construed in accordance with, the laws of the State of Hawai‘i, without regard to its conflict-of-laws rules. Employer reserves all rights and remedies available at law or in equity. Nothing in this Notice shall be construed as a guarantee of any benefit not required by law or as a modification of Employee’s at-will status unless a separate, duly executed agreement expressly provides otherwise.

10. Acknowledgment & Execution

Please sign and date below to acknowledge receipt of this Notice. Your signature does not constitute agreement with the contents but confirms that you have received and read it. Failure to sign does not invalidate the effectiveness of the termination.

[// GUIDANCE: Retain a copy in the personnel file. Deliver via a method that provides proof of receipt (e-delivery with read receipt, certified mail, or in-person with signed acknowledgment).]