TERMINATION OF EMPLOYMENT NOTICE
[Company Letterhead]
I. DOCUMENT HEADER
Date of Issuance: [DATE]
Effective Date of Termination (“Termination Date”): [TERMINATION DATE]
To: [EMPLOYEE NAME] (“Employee”)
Position: [JOB TITLE]
Employee ID: [EMPLOYEE NUMBER]
From: [COMPANY LEGAL NAME], an [STATE OF INCORPORATION] corporation (“Company”)
Company Address: [ADDRESS]
Re: Notice of Involuntary Termination of Employment
II. RECITALS
A. Employee has been employed by Company pursuant to the terms and conditions of that certain offer letter/employment agreement dated [DATE] (the “Employment Agreement”).
B. Company has elected to terminate Employee’s employment, at will and without cause, effective as of the Termination Date.
III. DEFINITIONS
For purposes of this Notice, the following terms have the meanings set forth below:
- “COBRA” means the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended, 29 U.S.C. §§ 1161–1168.
- “Final Compensation” means (i) all earned but unpaid base wages through the Termination Date, and (ii) any accrued and vested, but unused, paid time off in accordance with Company policy.
- “Plan Administrator” means the administrator of Company’s group health plan designated pursuant to 29 U.S.C. § 1002(16)(A).
- “State Employment Law” means the employment statutes and regulations of the State of Idaho, including Idaho Code § 45-606 governing the timing of final wage payments.
IV. OPERATIVE PROVISIONS
4.1 Termination of Employment
Company hereby terminates Employee’s employment, effective as of the Termination Date. All access credentials, keys, equipment, documents, and other Company property must be returned on or before the Termination Date.
4.2 Final Pay Timing
Pursuant to Idaho Code § 45-606, Company will remit Employee’s Final Compensation no later than the earlier of (a) the next regularly-scheduled payday or (b) ten (10) days after the Termination Date.
[// GUIDANCE: If Employee provides a written request after termination for earlier payment, Idaho law requires payment within 48 hours (excluding weekends/holidays). Include optional language if Company wishes to address this contingency.]
4.3 Benefit Continuation (COBRA)
- Group Health Coverage. Employee’s group health insurance will terminate at 11:59 p.m. on the Termination Date, subject to Employee’s right to elect continuation coverage under COBRA.
- COBRA Election Notice. Within fourteen (14) days of the Termination Date, the Plan Administrator will send a COBRA election notice detailing Employee’s rights, premiums, and election procedures. Employee will have sixty (60) days from the later of the notice date or the loss of coverage date to elect COBRA continuation.
- Premium Payments. All COBRA premiums shall be paid in full by Employee unless otherwise agreed in writing.
4.4 Unemployment Insurance Information
Employee may be eligible to apply for unemployment insurance benefits through the Idaho Department of Labor. Eligibility determinations are made exclusively by the Department. Company will respond truthfully to any agency inquiries.
[// GUIDANCE: Idaho employers must provide Form IB-7 “Separation Notice” upon request; include delivery confirmation if used.]
4.5 Accrued Benefits and Deductions
- Accrued Benefits. Any vested amounts under Company’s retirement or savings plans will be handled in accordance with the governing plan documents.
- Authorized Deductions. Final Compensation will reflect all lawful and previously authorized deductions (e.g., tax withholdings, benefit premiums, wage garnishments).
4.6 Continuing Obligations
Employee remains bound by all post-employment obligations contained in the Employment Agreement or any other restrictive covenant agreement, including but not limited to confidentiality, non-solicitation, and intellectual-property assignment provisions.
V. REPRESENTATIONS & WARRANTIES
- Company represents that it has calculated Final Compensation in accordance with State Employment Law and Company policy.
- Employee acknowledges that, except as expressly set forth in this Notice or as required by law, Employee has received all wages, bonuses, commissions, benefits, and other compensation due through the Termination Date.
VI. GENERAL PROVISIONS
6.1 No Waiver of Claims
Nothing herein waives any right that either party may have under applicable law that cannot be waived by private agreement.
6.2 Entire Notice; No Contract for Continued Employment
This Notice constitutes the entire communication regarding the termination of Employee’s employment and is not intended to create, nor shall it be construed as creating, any contract of employment for any definite term.
6.3 Governing Law; Forum Selection
This Notice shall be governed by, and construed in accordance with, the laws of the State of Idaho, without regard to its conflict-of-law principles. Any claim or dispute arising out of or related to this Notice shall be brought exclusively in the state courts located in [COUNTY], Idaho, and each party hereby consents to such jurisdiction and venue.
6.4 Severability
If any provision of this Notice is held unlawful or unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law.
6.5 Electronic Delivery
Delivery of an executed counterpart of this Notice by electronic means (including PDF or electronic signature complying with the U.S. E-SIGN Act) shall be equally effective as delivery of a manually executed original.
VII. ACKNOWLEDGMENT OF RECEIPT
Please acknowledge receipt of this Notice by signing and dating the acknowledgment below and returning it to Human Resources no later than [DATE].
| [COMPANY LEGAL NAME] | EMPLOYEE |
| By: _________ | __________ |
| Name: [AUTHORIZED SIGNATORY] | [EMPLOYEE NAME] |
| Title: [HR DIRECTOR / AUTHORIZED OFFICER] | Date: _______ |
| Date: _______ |
[// GUIDANCE:
1. Attach any state-required separation documents (e.g., Idaho Separation Notice, benefits summaries).
2. If severance is offered, issue a separate Separation Agreement and Release to ensure adequate consideration, waiver compliance (e.g., ADEA if age 40+), and revocation periods.
3. Verify delivery of COBRA notice within statutory timelines; maintain proof of mailing.
4. Retain signed acknowledgment in personnel file to document compliance with Idaho’s final pay and notice requirements.]