EMPLOYEE TERMINATION NOTICE
(Kansas – At-Will Employment)
[// GUIDANCE: This template is drafted to satisfy Kansas statutory requirements and federal COBRA obligations. Customize bracketed placeholders and remove any bracketed instructional text before issuance.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Termination of Employment
3.2 Final Pay & Accrued Benefits
3.3 Continuation of Health Coverage (COBRA)
3.4 Unemployment Insurance Information - Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Document Title: Employee Termination Notice
Employer: [EMPLOYER LEGAL NAME], a [STATE] [ENTITY TYPE]
Employee: [EMPLOYEE LEGAL NAME]
Effective Date: [EFFECTIVE DATE]
Governing Law: Kansas state employment law
Forum Selection: State courts of competent jurisdiction within Kansas
Recitals
WHEREAS, Employer and Employee entered into an at-will employment relationship commencing on [START DATE]; and
WHEREAS, Employer has elected to terminate Employee’s employment in accordance with Kansas law and any applicable written agreements;
NOW, THEREFORE, Employer issues this Employee Termination Notice (this “Notice”) as of the Effective Date set forth above.
2. DEFINITIONS
For purposes of this Notice, the following terms have the meanings set forth below:
“Accrued Benefits” – All wages earned, unused vacation or PTO accrued through the Termination Date, and any other compensation due under Employer policy or applicable law.
“COBRA” – The Consolidated Omnibus Budget Reconciliation Act of 1985, 29 U.S.C. §§ 1161–1169, and all regulations promulgated thereunder.
“Final Pay Date” – The date on which all Accrued Benefits are remitted to Employee, which shall be no later than the next regular payday following the Termination Date in compliance with Kan. Stat. Ann. § 44-315.
“Termination Date” – [TERMINATION DATE], the last day on which Employee is considered employed by Employer for any purpose.
3. OPERATIVE PROVISIONS
3.1 Termination of Employment
Employer hereby terminates Employee’s employment effective as of the Termination Date. The employment relationship shall cease for all purposes on that date. The reason for termination is [REASON FOR TERMINATION — e.g., “position elimination,” “performance-based,” “misconduct,” or “voluntary resignation”].
3.2 Final Pay & Accrued Benefits
a. Final Pay Timing. Pursuant to Kan. Stat. Ann. § 44-315, Employer shall remit to Employee all Accrued Benefits on or before the Final Pay Date of [FINAL PAY DATE].
b. Delivery Method. Payment will be made via [DIRECT DEPOSIT / CHECK], consistent with Employee’s usual wage payment method.
c. Deductions. Employer will withhold all lawfully required taxes and authorized deductions.
[// GUIDANCE: If unused vacation is forfeitable under company policy, confirm enforceability under Kansas law before removing payout language.]
3.3 Continuation of Health Coverage (COBRA)
a. COBRA Election Notice. A separate written notice describing Employee’s rights to elect continuation coverage under COBRA will be provided by the plan administrator within the statutory time frame required by 29 U.S.C. § 1166(a).
b. Coverage Period. If elected, continuation coverage may last up to eighteen (18) months, subject to early termination events described in the COBRA notice.
3.4 Unemployment Insurance Information
Employee may be eligible to apply for unemployment insurance benefits through the Kansas Department of Labor (“KDOL”). Eligibility determinations are made solely by KDOL. Employee may file a claim online at https://www.GetKansasBenefits.gov or by calling (800) 292-6333. Employer will timely respond to any KDOL information requests.
4. REPRESENTATIONS & WARRANTIES
4.1 Employer Representation. Employer represents that it has complied with all applicable federal, state, and local laws, including but not limited to the Kansas Wage Payment Act and anti-discrimination statutes, in connection with the termination of Employee.
4.2 Employee Representation. By acknowledging receipt of this Notice, Employee represents that Employee has returned, or will return no later than the Termination Date, all Employer Property (as defined in Section 5.2).
5. COVENANTS & RESTRICTIONS
5.1 Confidentiality. Employee shall continue to honor any confidentiality, non-disclosure, non-competition, or non-solicitation obligations contained in [cite agreement — e.g., “the Confidentiality and Proprietary Rights Agreement dated _”] (collectively, the “Restrictive Covenants”), which survive termination in accordance with their terms.
5.2 Return of Employer Property. Employee shall return to Employer all keys, equipment, records, documents, and any other tangible or electronic property belonging to Employer (collectively, “Employer Property”) no later than the Termination Date.
6. DEFAULT & REMEDIES
6.1 Employee’s Failure to Return Employer Property or Breach of Restrictive Covenants shall constitute an Event of Default.
6.2 Remedies. Upon an Event of Default, Employer may pursue any lawful remedy, including injunctive relief, recovery of damages, and reasonable attorney fees incurred in enforcement.
[// GUIDANCE: Consider including a limited offset right if permitted by Kan. Stat. Ann. § 44-319 and federal wage-and-hour law.]
7. RISK ALLOCATION
No indemnification or limitation of liability provisions are included, consistent with metadata instructions.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Notice and any dispute arising hereunder shall be governed by the laws of the State of Kansas, without regard to conflict-of-law principles.
8.2 Forum Selection. The parties submit to the exclusive jurisdiction of the state courts located in [COUNTY], Kansas, for the resolution of any dispute arising out of or relating to this Notice or the employment relationship.
[// GUIDANCE: Arbitration and jury-trial waiver intentionally omitted per request.]
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Notice, together with any surviving Restrictive Covenants, constitutes the entire understanding of the parties concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written communications.
9.2 Amendment and Waiver. No amendment or waiver of any provision of this Notice shall be effective unless in writing and signed by Employer.
9.3 Severability. If any provision of this Notice is held unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be reformed to the minimum extent necessary to become enforceable.
9.4 Assignment. Employee may not assign any rights or delegate any obligations under this Notice without Employer’s prior written consent. Employer may assign this Notice to any successor in interest.
9.5 Electronic Signatures. Signatures delivered via electronic means (e.g., PDF, DocuSign) shall be deemed originals and enforceable.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Employer has executed and delivered this Employee Termination Notice as of the Effective Date.
| For Employer | Acknowledged by Employee* |
|---|---|
| ________ | ________ |
| Name: [AUTHORIZED SIGNATORY] | [EMPLOYEE NAME] |
| Title: [TITLE] | |
| Date: _______ | Date: _______ |
*Employee’s signature acknowledges receipt of this Notice only and does not constitute agreement with the statements herein.
[// GUIDANCE: Notarization is generally unnecessary for a termination letter; include only if required by internal policy.]
ATTACHMENTS (as applicable)
- COBRA Election Notice (to be sent separately by plan administrator)
- Kansas Department of Labor Form K-CNS 403 (Employer Separation Report) – copy for employee reference
- [Any Separation or Release Agreement, if offering severance]