TERMINATION OF EMPLOYMENT NOTICE
(Maine – At-Will Employment)
[// GUIDANCE: This template is intentionally over-engineered for a simple termination letter so that practitioners can readily trim or tailor provisions to fit the specific facts, any employment agreement, or a CBA. All bracketed items must be customized before release to the employee.]
DOCUMENT HEADER
From:
[COMPANY LEGAL NAME], a [State of Incorporation] corporation
[Street Address] • [City, State ZIP] • [Telephone]
To:
[EMPLOYEE FULL LEGAL NAME]
[Street Address] • [City, State ZIP]
Date of Issuance: [DATE]
Method of Delivery: [Hand-Delivery / Certified Mail / Email with Read Receipt]
RECITALS
A. [COMPANY NAME] (“Company”) and [EMPLOYEE NAME] (“Employee”) entered into an at-will employment relationship on or about [HIRE DATE].
B. The Company has determined, in its sole discretion, to terminate Employee’s employment without cause and now provides formal written notice in compliance with applicable federal and Maine law.
OPERATIVE PROVISIONS
1. Termination Effective Date
1.1 Employee’s last day of employment (“Termination Date”) shall be [TERMINATION DATE]. All access credentials will be deactivated as of 5:00 p.m. ET on that date, unless otherwise stated in writing.
2. Final Compensation
2.1 Pursuant to 26 M.R.S. § 626, all earned wages, including any overtime, will be paid no later than the next regularly scheduled payroll date following the Termination Date.
2.2 If Employee has accrued but unused paid time off (“PTO”), and Company policy or prior agreement provides for payout of PTO on separation, such PTO will be included in the final paycheck.
2.3 All applicable withholdings (federal, state, FICA, court-ordered) will be deducted. A Form W-2 will be issued at year-end in the ordinary course.
[// GUIDANCE: If your PTO policy denies payout on voluntary resignations or for-cause terminations, revise § 2.2 accordingly. Attach policy excerpt if necessary.]
3. Continuation of Health Benefits (COBRA)
3.1 Employee’s participation in the Company’s group health plan ends at 11:59 p.m. on the Termination Date.
3.2 Under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), Employee may elect to continue group health coverage for up to 18 months (or longer in certain circumstances) by timely completing the COBRA election form that will be sent by the plan administrator within 14 days of the Termination Date. See I.R.C. § 4980B.
3.3 Employee is responsible for the full premium plus any 2% administrative fee permitted by law.
4. Retirement and Other Benefit Plans
4.1 Vested amounts in the Company’s 401(k) or other qualified plans remain subject to the terms of those plans. Contact [PLAN ADMIN CONTACT INFORMATION] for distribution or rollover options.
5. Company Property & Confidential Information
5.1 Not later than the Termination Date, Employee must return all Company property, including but not limited to: laptops, mobile devices, keys, access cards, credit cards, files (hard-copy and electronic), and any Confidential Information (as defined in prior agreements).
5.2 Employee remains bound by all confidentiality, intellectual-property, non-solicitation, and non-disparagement obligations contained in the [CONFIDENTIALITY AGREEMENT / EMPLOYMENT AGREEMENT] dated [DATE].
[// GUIDANCE: If no prior restrictive-covenant agreement exists, consider including a tailored confidentiality acknowledgment here.]
6. Unemployment Insurance Notice (Maine)
6.1 Employee may be eligible to receive unemployment benefits. Eligibility is determined solely by the Maine Department of Labor (“MDOL”).
6.2 Employee can file a claim online at https://www.maine.gov/unemployment or by calling the MDOL Claim Center at (800) 593-7660.
6.3 Within 7 days of separation, the Company will provide MDOL’s approved separation information form (B-9 or successor form) as required.
7. References & Employment Verification
7.1 Company’s policy is to provide only the following information to prospective employers: dates of employment, last position held, and final salary. Exceptions require written consent from Employee.
8. Governing Law
8.1 This Notice, and any dispute arising herefrom, shall be governed by the laws of the State of Maine, excluding its conflict-of-laws rules.
8.2 Any action arising out of or relating to this Notice shall be filed exclusively in the state courts located in [COUNTY], Maine.
9. No Waiver of Rights
9.1 Nothing in this Notice is intended to, or shall, interfere with Employee’s non-waivable rights under federal, state, or local law, including but not limited to the right to:
(a) file or cooperate in a charge with the Equal Employment Opportunity Commission or MDOL;
(b) communicate with any government agency about potential violations of law; or
(c) receive any resulting monetary award.
10. Acknowledgment of Receipt
10.1 Employee is requested (but not required) to sign and return the acknowledgment below to confirm receipt. Failure to sign does not affect the validity of the termination.
EXECUTION BLOCK
FOR THE COMPANY
[AUTHORIZED SIGNATORY NAME]
[Title]
Date: ________
ACKNOWLEDGMENT OF RECEIPT
I, [EMPLOYEE NAME], hereby acknowledge that I have received this Termination of Employment Notice on the date indicated below.
Employee Signature
Date: ________
[// GUIDANCE:
1. If offering severance, integrate a separate Severance Agreement with ADEA/OWBPA-compliant waiver language for employees aged 40+.
2. For mass layoffs or plant closings, ensure compliance with federal WARN Act and any applicable “mini-WARN” obligations.
3. Consider adding a neutral or positive reference clause and settlement provisions if litigation risk is high.]