NOTICE OF TERMINATION OF EMPLOYMENT
(State of Nebraska)
[// GUIDANCE: This template is drafted for use by private-sector employers operating under Nebraska law. Customize all bracketed items before issuance. Verify that any existing employment agreement, collective-bargaining agreement, or company policy does not contain provisions that supersede or conflict with this notice.]
I. DOCUMENT HEADER
From:
[COMPANY LEGAL NAME], a [State of Incorporation] corporation (the “Company”)
[Company Address]
[City, State ZIP]
To:
[EMPLOYEE LEGAL NAME] (“Employee”)
[Employee Address on File]
Effective Date of Notice: [DATE OF DELIVERY]
Termination Date: [LAST DAY OF EMPLOYMENT] (“Termination Date”)
Governing Law & Forum: State of Nebraska; exclusive jurisdiction and venue in the state courts located in [COUNTY], Nebraska.
II. DEFINITIONS
For purposes of this Notice:
- “COBRA” means the Consolidated Omnibus Budget Reconciliation Act of 1985, 29 U.S.C. § 1161 et seq., and any applicable state continuation coverage laws.
- “Final Pay Date” means the earlier of (a) the Company’s next regular payday following the Termination Date or (b) the fourteenth (14th) calendar day after the Termination Date, consistent with Neb. Rev. Stat. § 48-1230.
- “Company Property” includes, without limitation, all equipment, keys, badges, documents, records (electronic or hard-copy), confidential information, and any other property or data belonging to the Company.
III. OPERATIVE PROVISIONS
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Notice of Termination. The Company hereby terminates Employee’s employment effective as of the Termination Date specified above. Employment is at-will; nothing herein shall be construed as altering that status or creating a contract of continued employment.
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Final Compensation.
a. On or before the Final Pay Date, the Company will remit to Employee all wages earned and unpaid through the Termination Date, including any accrued but unused vacation or paid-time-off (“PTO”) required to be paid under Company policy and Nebraska law.
b. Deductions, withholdings, and offsets (if any) will be taken only to the extent permitted by applicable law. -
Benefits & COBRA Continuation.
a. Group health, dental, and vision coverage will cease at 11:59 p.m. on the Termination Date, unless otherwise stated in the governing plan documents.
b. Within the statutory time frame, a separate COBRA Election Notice describing continuation rights, premiums, and deadlines will be sent to Employee’s last known address. Employee is solely responsible for timely election and payment of any continuation coverage. -
Unemployment Insurance. Employee may be eligible for unemployment benefits administered by the Nebraska Department of Labor. Eligibility determinations are made by the Department, not the Company. For additional information or to apply online, visit: https://dol.nebraska.gov/UIBenefits.
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Company Property & Confidential Information.
a. No later than the Termination Date (or such later date as the Company may allow in writing), Employee shall return all Company Property to [Designated Company Representative].
b. Employee remains bound by any confidentiality, non-solicitation, or other restrictive covenants previously agreed to, each of which survives termination of employment. -
Acknowledgment of No Outstanding Claims. By countersigning this Notice, Employee represents that Employee (i) has reported all known workplace injuries and alleged violations of law, (ii) has received all compensation owed to date except as expressly set forth herein, and (iii) is not aware of any unreported Company violations of law.
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References & Communications. All employment verification requests should be directed to [HR Contact Information]. Consistent with Company policy, disclosure will be limited to dates of employment and last position held, unless Employee provides written authorization for additional information.
IV. REPRESENTATIONS & WARRANTIES
- Authority. The undersigned Company representative affirms that he/she is duly authorized to issue this Notice on behalf of the Company.
- Employee Certification. By signing below, Employee certifies that (a) the contents of this Notice have been read, (b) any questions have been answered to Employee’s satisfaction, and (c) Employee understands the obligations, rights, and deadlines outlined herein.
V. COVENANTS & RESTRICTIONS
- Non-Disparagement. Employee agrees not to make any false, misleading, or disparaging statements about the Company, its affiliates, officers, directors, or employees.
- Ongoing Cooperation. Upon reasonable request and without additional compensation (other than reimbursement of reasonable out-of-pocket expenses), Employee shall cooperate with the Company in the orderly transition of work and in any pending or future proceedings that relate to matters within Employee’s knowledge arising during employment.
VI. DEFAULT & REMEDIES
Failure to comply with the obligations in Sections III-V may result in equitable relief, damages, and any other remedies available under law, including recovery of attorney’s fees to the extent permitted by statute or contract.
VII. RISK ALLOCATION
Nothing in this Notice constitutes a waiver by the Company of any right, claim, or defense. The Company expressly reserves all such rights. Neither party waives any claim arising from breach of this Notice or from conduct occurring before the Effective Date.
VIII. DISPUTE RESOLUTION
Any dispute arising under or related to this Notice shall be governed exclusively by the laws of the State of Nebraska, without regard to conflict-of-laws rules, and shall be brought solely in the state courts located in [COUNTY], Nebraska. The parties expressly waive removal to federal court and affirm that no contractual right to jury trial or arbitration is created or waived herein.
IX. GENERAL PROVISIONS
- Entire Agreement. This Notice constitutes the entire understanding of the parties regarding the subject matter herein and supersedes all prior oral or written communications relating to such subject matter, except that any standalone confidentiality, invention assignment, or restrictive covenant agreements previously executed by Employee continue in full force and effect.
- Severability. If any provision of this Notice is held invalid or unenforceable, it shall be modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall remain in full force and effect.
- Amendments; Waivers. No amendment or waiver of any provision of this Notice shall be effective unless set forth in a written instrument signed by both parties.
- Successors & Assigns. This Notice inures to the benefit of and is binding upon the parties and their respective successors and permitted assigns. Employee may not assign or delegate any rights or duties hereunder.
- Electronic Execution. Delivery of signed counterparts of this Notice by PDF, facsimile, or other electronic means shall be equally effective as manual delivery of an original counterpart.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties hereto have executed this Notice as of the Effective Date.
| COMPANY: | EMPLOYEE: |
|---|---|
| [COMPANY LEGAL NAME] | [EMPLOYEE LEGAL NAME] |
| By: _________ | Signature: _________ |
| Name: [AUTHORIZED SIGNATORY] | Date: _______ |
| Title: [TITLE] |
OPTIONAL ACKNOWLEDGMENT OF RECEIPT (For Employer Records)
I, ____, acknowledge receipt of this Notice of Termination of Employment on ___, 20_.
Employee Signature: _______
[// GUIDANCE:
1. Pay close attention to the “Final Pay Date” definition—edit if your normal payroll cycle allows for payment sooner than required; Nebraska law mandates “next regular payday or within two weeks,” whichever is earlier.
2. COBRA notice must be sent separately using the U.S. DOL model notice or equivalent. Failure to timely furnish can result in excise taxes and statutory penalties.
3. Nebraska employers should also provide a written “Notice to Employees: Potential Charge of Unemployment Insurance Benefits” (Form 68) on or before separation.
4. If the employee is subject to any equity award, commission plan, or bonus that survives termination, attach a schedule or addendum clarifying post-termination treatment.
5. For reductions in force affecting 20+ employees in a single site within 90 days, evaluate WARN Act obligations.]