NOTICE OF EMPLOYMENT TERMINATION
(North Dakota – At-Will Employment)
[// GUIDANCE: This template is designed for involuntary terminations of at-will employees physically working in, or whose employment is otherwise governed by, the State of North Dakota (“ND”). It incorporates ND-specific final-pay timing, COBRA notice requirements, and unemployment-insurance disclosures. Customize all bracketed fields before use and review any applicable collective bargaining agreements, employment contracts, or handbooks that may impose additional obligations.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Date: [DATE]
To: [EMPLOYEE NAME] (“Employee”)
From: [COMPANY NAME], a [STATE] [legal entity type] (“Company”)
Subject: Notice of Termination of Employment
Recitals
A. Employee has been employed by Company on an at-will basis.
B. Company has determined to terminate Employee’s employment pursuant to its business judgment.
C. Company wishes to memorialize the terms of such termination in accordance with applicable law, including N.D. Cent. Code ch. 34-14 and federal COBRA requirements.
Effective Date (“Termination Date”): [TERMINATION DATE]
Jurisdiction: State of North Dakota
2. DEFINITIONS
For purposes of this Notice, the following terms have the meanings set forth below; capitalized terms used but not defined shall have their ordinary business meaning.
“COBRA” means the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended, and the regulations thereunder.
“Company Property” means all tangible and intangible property of Company, including without limitation keys, access cards, computers, mobile devices, credit cards, records, files, and Confidential Information.
“Confidential Information” has the meaning assigned to it in any confidentiality, proprietary-information, or restrictive-covenant agreement previously executed by Employee, or, if none, means all non-public business information of Company.
“Final Pay” means all wages, salary, and accrued, unused paid time off (if any) earned through the Termination Date and lawfully owed to Employee.
“Termination Date” has the meaning set forth in Section 1.
3. OPERATIVE PROVISIONS
3.1 Termination of Employment
Company hereby terminates Employee’s employment effective as of the Termination Date. Employment benefits cease in accordance with the terms of each applicable benefit plan and Section 3.3 below.
3.2 Final Pay
a. Timing. In accordance with N.D. Cent. Code § 34-14-03, Company will issue Employee’s Final Pay no later than the earlier of (i) the next regularly scheduled payday or (ii) fifteen (15) calendar days following the Termination Date.
b. Delivery Method. Final Pay will be delivered via [direct deposit / live check] consistent with Employee’s prior payroll elections.
c. Deductions. Lawful withholdings (e.g., taxes, authorized deductions) will be applied.
3.3 Benefits Continuation (COBRA)
If Employee participated in Company’s group health plan and Company is subject to COBRA (generally 20 or more employees), a separate COBRA Election Notice explaining continuation coverage rights, costs, and deadlines will be sent under separate cover by [Plan Administrator/Third-Party Administrator] within the statutory timeframe. Coverage under Company’s group health plan ends at 11:59 p.m. on the Termination Date unless Employee timely elects COBRA continuation.
3.4 Accrued Paid Time Off
[If Company policy provides payout:] Unused, accrued paid time off through the Termination Date is included in Final Pay.
[If Company policy does not provide payout:] Consistent with Company policy, unused paid time off is forfeited and not subject to payout.
3.5 Return of Company Property
Employee must return all Company Property in Employee’s possession or control no later than the Termination Date (or by [RETURN DEADLINE] if later agreed in writing).
3.6 Confidentiality and Restrictive Covenants
Employee remains bound by and must continue to comply with any existing confidentiality, non-solicitation, non-competition, or similar covenants, each of which survives termination in accordance with its terms.
3.7 Unemployment Insurance Information
Employee may be eligible to apply for unemployment insurance benefits through Job Service North Dakota. Applications can be filed online at www.jobsnd.com or by calling (701) 328-4995. Eligibility determinations are made exclusively by Job Service North Dakota; Company makes no representations regarding Employee’s eligibility.
3.8 Reference Requests
All employment-verification or reference requests should be directed to [HR CONTACT] at [CONTACT INFORMATION]. Company’s standard practice is to confirm only dates of employment and position held unless otherwise required by law or authorized in writing by Employee.
4. REPRESENTATIONS & WARRANTIES
4.1 Company Representations
a. Authority. The undersigned representative is duly authorized to issue this Notice.
b. Compliance. Company has complied with all applicable federal, state, and local wage-and-hour laws with respect to Employee’s employment and Final Pay.
c. Non-Retaliation. Termination is not in retaliation for any lawful whistleblowing or protected activity.
4.2 Employee Acknowledgments
By signing below, Employee acknowledges:
i. Receipt of this Notice;
ii. Understanding of the obligations herein; and
iii. That no promise of continued employment has been made.
5. COVENANTS & RESTRICTIONS
5.1 Non-Disparagement
Employee agrees not to make any statement that could reasonably be expected to disparage Company, its affiliates, or their respective officers, directors, or employees.
5.2 Cooperation
Employee will reasonably cooperate with Company in the orderly transition of duties and in any pending or future investigations, litigation, or administrative proceedings related to Employee’s period of employment, subject to reasonable accommodation of Employee’s schedule and reimbursement of reasonable out-of-pocket expenses.
6. DEFAULT & REMEDIES
6.1 Failure to Return Company Property
If Employee fails to return Company Property by the required deadline, Company may (i) withhold the replacement cost of such property from Final Pay to the extent permitted by law and with prior written authorization, and/or (ii) pursue all other legal and equitable remedies.
6.2 Breach of Confidentiality or Restrictive Covenants
A breach by Employee of Section 3.6 or Section 5 may result in immediate injunctive relief, monetary damages, and any other remedies available at law or in equity.
6.3 Attorneys’ Fees
In any action to enforce the provisions of this Notice, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs, unless prohibited by applicable law.
7. RISK ALLOCATION
7.1 Disclaimer of Additional Liability
Other than the payments and benefits expressly set forth herein, Company has no further obligations to Employee, except as may be required under applicable benefit plans or law.
7.2 No Release of Claims
This Notice does not constitute a waiver or release of any party’s claims or defenses. Any release of claims must be set forth in a separate agreement that complies with all applicable legal requirements (e.g., the Older Workers Benefit Protection Act, if applicable).
8. DISPUTE RESOLUTION
8.1 Governing Law
This Notice and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to conflict-of-law principles.
8.2 Forum Selection
The parties consent to the exclusive jurisdiction of the state courts located in [COUNTY], North Dakota, and waive any objection to venue therein.
[// GUIDANCE: If Company maintains an enforceable arbitration program and wishes to compel arbitration, insert a tailored arbitration clause consistent with ND law and the Federal Arbitration Act. Omit Section 8.2 or make it subject to the arbitration clause.]
9. GENERAL PROVISIONS
9.1 Entire Agreement
This Notice constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior oral or written communications regarding such subject matter, except for any surviving restrictive-covenant agreements referenced herein.
9.2 Amendments; Waivers
No amendment or waiver of any provision of this Notice shall be effective unless in writing and signed by both parties. No waiver of any breach shall be deemed a waiver of any subsequent breach.
9.3 Severability
If any provision of this Notice is held unenforceable, such provision shall be reformed to the minimum extent necessary to render it enforceable, and the remaining provisions shall remain in full force and effect.
9.4 Assignment
Employee may not assign any rights or delegate any obligations under this Notice. Company may assign this Notice to any successor or affiliate.
9.5 Electronic Signature
The parties agree that electronic or facsimile signatures shall be deemed originals for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Notice of Employment Termination effective as of the date first written above.
[COMPANY NAME]
By: _____
Name: [TYPED NAME]
Title: [TITLE]
Date: ____
Acknowledged and Agreed:
[EMPLOYEE NAME]
Signature: _____
Date: ____
[// GUIDANCE: Provide the employee with two identical originals, or one original and a copy, and request that the employee sign and return one fully executed copy for Company records.]