NOTICE OF EMPLOYMENT TERMINATION

(Mississippi – At-Will Employment)

[// GUIDANCE: This template is intentionally expansive so that practitioners can delete any sections that exceed the needs of a straightforward, unilateral termination letter while retaining court-ready language where additional protections are desired.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Parties.
   a. “[Company]” means [EMPLOYER LEGAL NAME], a [STATE OF ORGANIZATION] [entity type], with its principal place of business at [ADDRESS].
   b. “[Employee]” means [EMPLOYEE FULL LEGAL NAME], currently employed in the position of [POSITION TITLE].

2. Effective Date. This Notice is effective as of [DATE OF LETTER] (the “Notice Date”).

3. Governing Law. This Notice, all obligations hereunder, and any dispute arising herefrom shall be governed by, and construed in accordance with, the laws of the State of Mississippi, without regard to its conflict-of-laws principles.

4. Recitals.
   WHEREAS, Employee is employed by Company on an at-will basis; and
   WHEREAS, Company has determined to terminate Employee’s employment, effective as set forth herein;
   NOW, THEREFORE, Company hereby issues this Notice of Employment Termination (the “Notice”).

II. DEFINITIONS

Capitalized terms have the meanings set forth below or where first used.

“Accrued Compensation” – all base wages earned through the Separation Date, together with any accrued but unused vacation or PTO that Mississippi law and Company policy require to be paid.

“COBRA” – continuation coverage requirements under the Consolidated Omnibus Budget Reconciliation Act of 1985, 29 U.S.C. § 1161 et seq.

“Confidential Information” – all non-public information belonging to or obtained through Company, including trade secrets, proprietary data, customer lists, and all other information protected by contract or law.

“Separation Date” – [TERMINATION/SEPARATION DATE], the last day Employee will be carried on Company’s payroll.

III. OPERATIVE PROVISIONS

3.1 Termination of Employment.
a. Company hereby terminates Employee’s employment effective at the close of business on the Separation Date.
b. The employment relationship will end for the reason designated as [“for cause” / “without cause” / “position elimination”].

3.2 Final Pay & Benefits.
a. Accrued Compensation will be paid to Employee no later than the earlier of (i) the next regularly-scheduled Company payday following the Separation Date or (ii) fifteen (15) days after the Separation Date, consistent with Mississippi practice.
b. Any authorized, unreimbursed business expenses submitted in accordance with Company policy by [EXPENSE DEADLINE] will be processed within [#] days of proper submission.
c. Employee’s participation in Company’s group health plan will cease on the last day of the month in which the Separation Date occurs, subject to COBRA continuation rights (see Section 3.3).

[// GUIDANCE: Mississippi has no fixed “immediate pay” statute. The language above reflects a defensible best practice timeframe while preserving flexibility for an earlier payout.]

3.3 COBRA Notice.
Within the statutory timeframe, Employee will receive a separate COBRA election package from Company’s plan administrator outlining rights to continue medical, dental, and vision coverage at Employee’s expense in accordance with 29 U.S.C. § 1161 et seq.

3.4 Unemployment Insurance.
Employee may apply for unemployment benefits through the Mississippi Department of Employment Security (“MDES”). Determination of eligibility rests solely with MDES. Company [will / will not] contest Employee’s claim [optional: “provided the claim accurately reflects the separation reason stated herein”].

3.5 Return of Company Property.
On or before the Separation Date, Employee shall return all Company Property, including keys, access cards, devices, documents, data, and Confidential Information, in whatever form held.

3.6 Transition Assistance (if any).
Employee shall make reasonable efforts, as requested by Company, to facilitate transition of duties through [TRANSITION PERIOD / N/A].

IV. REPRESENTATIONS & WARRANTIES

4.1 Company Representations.
a. Company has paid or will pay all wages and compensation due to Employee through the Separation Date in compliance with applicable law.
b. Company’s execution and delivery of this Notice have been duly authorized.

4.2 Employee Representations.
By acknowledging receipt of this Notice, Employee represents that:
i. Employee has not retained any Confidential Information or Company Property other than as expressly permitted; and
ii. Employee understands the post-employment obligations described herein.

V. COVENANTS & RESTRICTIONS

5.1 Confidentiality. Employee reaffirms the continuing obligations under any confidentiality, proprietary information, or invention-assignment agreements previously executed, all of which survive termination.

5.2 Non-Disparagement. Employee agrees not to make statements, written or oral, that reasonably could be perceived as disparaging Company, its affiliates, or their respective officers, directors, or employees.

5.3 Restrictive Covenants. Any non-competition or non-solicitation agreement previously executed remains in full force and effect according to its terms.

VI. DEFAULT & REMEDIES

6.1 Employee’s breach of Section V constitutes a material default. Upon such breach, Company may seek:
a. Injunctive relief to prevent further violations; and
b. Recovery of damages, including reasonable attorneys’ fees, incurred in enforcing its rights hereunder.

VII. RISK ALLOCATION

[// GUIDANCE: Metadata directs that indemnification and liability caps are “not applicable.” Section intentionally omitted.]

VIII. DISPUTE RESOLUTION

8.1 Forum Selection. The courts of competent jurisdiction located in [COUNTY], Mississippi shall have exclusive jurisdiction over any dispute arising out of or relating to this Notice.

8.2 Waiver of Arbitration. The parties expressly agree that no arbitration provision applies.

8.3 Injunctive Relief. Nothing herein limits either party’s right to seek equitable relief in any court of competent jurisdiction to enforce Section V.

IX. GENERAL PROVISIONS

9.1 Entire Agreement. This Notice, together with any surviving confidentiality or restrictive covenant agreements, constitutes the entire understanding regarding termination of Employee’s employment and supersedes all prior oral or written communications on the subject.

9.2 Amendments; Waivers. No amendment or waiver of any provision of this Notice shall be effective unless in writing and signed by Company. Failure to enforce any provision shall not constitute a waiver of that or any other provision.

9.3 Severability. If any provision of this Notice is held unenforceable, the remainder shall be enforced to the maximum extent permitted, and the unenforceable provision shall be reformed to the limited extent necessary to render it enforceable.

9.4 Assignment. Employee may not assign any rights or delegate any obligations under this Notice. Company may assign this Notice to any successor in interest.

9.5 Counterparts; Electronic Signatures. This Notice may be executed in counterparts (including by electronic or facsimile signature), each of which shall be deemed an original and all of which together shall constitute one instrument. Mississippi law recognizes electronic signatures for employment-related documents under the Uniform Electronic Transactions Act, Miss. Code Ann. § 89-12-1 et seq.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, Company has caused this Notice to be issued and delivered as of the Notice Date.

[// GUIDANCE: Notarization and witness signatures are generally unnecessary for routine termination letters in Mississippi but may be added here if required by internal policy or to bolster enforceability of restrictive covenants.]

© [YEAR] [EMPLOYER LEGAL NAME]. All rights reserved.