NOTICE OF TERMINATION OF EMPLOYMENT
(Commonwealth of Massachusetts)
[COMPANY LETTERHEAD]
Date: [DATE]
Delivered Via: [HAND DELIVERY / CERTIFIED MAIL – RETURN RECEIPT REQUESTED / ELECTRONIC MAIL]
Employee: [EMPLOYEE FULL LEGAL NAME]
Address: [EMPLOYEE ADDRESS]
Employer: [COMPANY LEGAL NAME], a [STATE] [ENTITY TYPE] (“Company”)
TABLE OF CONTENTS
1. Definitions
2. Notice of Termination
3. Final Pay & Accrued Benefits
4. Benefits Continuation (COBRA / Mini-COBRA)
5. Unemployment Insurance Information
6. Return of Company Property
7. Post-Employment Obligations
8. Acknowledgement & Signature
9. General Provisions
- DEFINITIONS
For purposes of this Notice, the following capitalized terms have the meanings set forth below:
a. “Employee” means [EMPLOYEE NAME].
b. “Termination Date” means [DATE OF TERMINATION] at [TIME, e.g., 5:00 p.m. ET].
c. “Final Pay” means all wages, salary, earned commissions, and accrued but unused vacation or PTO that constitute “wages” under applicable law.
d. “Company Property” includes, without limitation, all keys, keycards, access fobs, credit cards, computers, mobile devices, documents (hard-copy or electronic), proprietary information, and any other property or materials belonging to the Company.
- NOTICE OF TERMINATION
Pursuant to this Notice, Employee’s employment with the Company will terminate effective as of the Termination Date. The termination is [INVOLUNTARY / VOLUNTARY] and is [WITH / WITHOUT] cause as those terms are defined in any applicable Company policy or agreement. Nothing in this Notice alters the at-will nature of the employment relationship, and no future employment is promised or implied.
- FINAL PAY & ACCRUED BENEFITS
a. Final Pay Timing. Consistent with the Massachusetts Wage Act, Mass. Gen. Laws ch. 149, § 148 (2023), the Company will provide Employee:
(i) In the case of an involuntary termination, a lump-sum payment of Final Pay on the Termination Date; or
(ii) In the case of a voluntary resignation, payment of Final Pay not later than the next regular payroll date following the Termination Date.
b. Delivery Method. Final Pay will be delivered via [CHECK / DIRECT DEPOSIT] unless Employee has provided written instructions to the contrary.
c. Tax Withholding. All payments will be subject to applicable federal, state, and local tax withholdings and other authorized deductions.
[// GUIDANCE: Insert any bespoke payment items—e.g., commissions, bonus treatment, or equity handling—here.]
- BENEFITS CONTINUATION (COBRA / MINI-COBRA)
a. COBRA Eligibility. Because the Company [HAS / DOES NOT HAVE] twenty (20) or more employees, Employee [IS / MAY BE] eligible to continue group health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) for up to eighteen (18) months, subject to timely election and premium payment.
b. Massachusetts Mini-COBRA (If Applicable). If COBRA is unavailable because the Company employed fewer than twenty (20) employees during at least fifty percent (50%) of its typical business days in the prior calendar year, Employee may be eligible for continuation coverage under Massachusetts “Mini-COBRA” for up to twelve (12) months.
c. Notice & Election Packet. A separate COBRA/Mini-COBRA election notice will be sent to Employee at the address listed above within the statutorily required timeframe. Coverage will cease on the last day of the month in which the Termination Date occurs unless continuation is elected.
[// GUIDANCE: Coordinate timing with third-party plan administrator to ensure compliance with 45-day initial election period and 60-day election window.]
- UNEMPLOYMENT INSURANCE INFORMATION
Under Massachusetts law, the Company must provide departing employees with unemployment insurance (“UI”) filing information. Attached hereto as Exhibit A is the Massachusetts Department of Unemployment Assistance (“DUA”) pamphlet “How to File Your UI Claim,” Form 0590-A. Employee may contact the DUA or visit www.mass.gov/dua to determine UI eligibility and to file a claim.
- RETURN OF COMPANY PROPERTY
Employee must return all Company Property to [NAME / TITLE / LOCATION] no later than the Termination Date, or such later date as the Company may expressly allow in writing. Final Pay may not be conditioned on, or delayed by, the return of Company Property; however, the Company reserves all other rights and remedies available at law or in equity for any unreturned property.
- POST-EMPLOYMENT OBLIGATIONS
Any confidentiality, non-competition, non-solicitation, intellectual property assignment, or other restrictive covenant agreements between Employee and the Company remain in full force and effect in accordance with their respective terms. Employee is reminded of the continuing obligation not to disclose or misuse any Confidential Information or trade secrets.
- ACKNOWLEDGEMENT & SIGNATURE
Employee is requested (but not required) to acknowledge receipt of this Notice by signing and dating below. Failure to sign does not affect the validity or enforceability of this Notice.
_____ ________
[EMPLOYEE NAME] Date
_____ ________
[AUTHORIZED COMPANY SIGNATORY NAME]
[Title] Date
- GENERAL PROVISIONS
a. Governing Law; Forum. This Notice and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. The state courts located in [COUNTY], Massachusetts shall have exclusive jurisdiction.
b. Entire Notice. This Notice constitutes the entire notice and understanding with respect to the termination of Employee’s employment and supersedes all prior verbal or written communications on that subject, other than any surviving restrictive covenants or benefit plan documents referenced herein.
c. Severability. If any provision of this Notice is held unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
d. No Waiver. Failure by the Company to enforce any provision of this Notice shall not be deemed a waiver of such provision or of the right to enforce it in the future.
e. Electronic Signature. A manually signed copy of this Notice transmitted by facsimile, .PDF, or other electronic means shall be deemed an original for all purposes.
EXHIBIT A
Massachusetts Department of Unemployment Assistance
“How to File Your UI Claim” (Form 0590-A) – [Attach current version]
[// GUIDANCE: Attach other required notices (e.g., MassHealth/Connector notices) if applicable to the employer’s benefits structure.]
[END OF NOTICE]