NOTICE OF EMPLOYMENT TERMINATION

(New Mexico — At-Will Employment)

[// GUIDANCE: This template is intentionally structured in ten sections to parallel a full contractual architecture, even though a termination letter is not a contract. Sections that are not ordinarily applicable to a simple notice (e.g., Representations & Warranties) are included in abbreviated or “Reserved” form to comply with the client’s requested document architecture and to foreclose later arguments that a necessary clause was omitted.]

I. DOCUMENT HEADER

1. Parties.
   1.1 Employer: [LEGAL NAME OF EMPLOYER], a [STATE] [corporation/LLC/etc.] with its principal place of business at [ADDRESS] (“Company”).
   1.2 Employee: [EMPLOYEE LEGAL NAME], residing at [ADDRESS] (“Employee”).

2. Effective Date. This Notice is effective on [DATE OF ISSUANCE]. The last day of employment (“Termination Date”) is [TERMINATION DATE].

3. Jurisdiction. This Notice is governed by the laws of the State of New Mexico (“Governing Law”). Exclusive venue for any dispute arising from or relating to this Notice shall be the state courts sitting in [COUNTY], New Mexico (“Forum”).

4. Recitals.
   WHEREAS, Employee has been employed by Company on an at-will basis; and
   WHEREAS, Company has determined to terminate Employee’s employment effective as of the Termination Date;
   NOW, THEREFORE, Company hereby issues this Notice of Employment Termination to Employee.

II. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below. All defined terms apply singularly and plurally, as the context requires.

A. “Accrued Compensation” means all earned but unpaid wages, salary, commission, accrued paid time off (“PTO”), and reimbursable business expenses properly submitted through the Termination Date.
B. “COBRA Packet” means the separate continuation-coverage notice provided pursuant to 29 U.S.C. § 1166 and applicable regulations.
C. “Company Property” means all physical and electronic property, confidential information, keys, equipment, documents, and data belonging to Company.
D. “Final Pay Date” means the date on which all Accrued Compensation is remitted to Employee, which shall be no later than five (5) calendar days after the Termination Date, consistent with the New Mexico Wage Payment Act.
E. “Separation Package” (if any) means any additional consideration offered under a separate agreement containing a release of claims.

III. OPERATIVE PROVISIONS

3.1 Notice of Termination. Company hereby terminates Employee’s employment effective as of the Termination Date. The reason for termination is [AT-WILL / FOR CAUSE – SPECIFY BRIEF FACTUAL BASIS (e.g., “position eliminated due to restructuring” or “material violation of Company policy dated [DATE]”)].

3.2 Final Pay.
a. Company shall deliver Employee’s Accrued Compensation on or before the Final Pay Date via [DIRECT DEPOSIT / CHECK / OTHER], less applicable withholdings.
b. A final pay statement reflecting all withholdings and deductions will accompany payment.
c. Any expense reports submitted after the Termination Date are subject to Company approval and will be processed in the ordinary course.

3.3 Benefits and COBRA.
a. Employee’s active participation in Company’s group health plan(s) will end at 11:59 p.m. MT on the Termination Date.
b. Under federal COBRA, Employee may elect to continue certain group health coverage at Employee’s own expense. The COBRA Packet containing election forms and rate information will be mailed separately within the statutory timeframe.

3.4 Unemployment Insurance. Employee may be eligible for unemployment insurance benefits through the New Mexico Department of Workforce Solutions (“NMDWS”). Eligibility is determined solely by NMDWS. Company will respond truthfully to any agency inquiries and will not contest a claim so long as Employee’s representations to NMDWS are accurate.

3.5 Return of Company Property. Employee shall return all Company Property no later than close of business on the Termination Date unless otherwise agreed in writing. Company reserves all legal rights with respect to unreturned or damaged property.

3.6 Confidential Information & Post-Termination Obligations. Employee remains bound by the confidentiality, intellectual-property, and restrictive-covenant provisions of [REFERENCE PRIOR AGREEMENT(S)], which survive termination.

3.7 Separation Package (If Offered). Any Separation Package will be detailed in a separate agreement that will include a release of claims and related terms required by federal and state law. Employee should consult independent counsel prior to execution.

IV. REPRESENTATIONS & WARRANTIES (Abbreviated)

Employee represents and warrants that Employee:
a. has returned or will return all Company Property by the required deadline;
b. has not retained copies (physical or electronic) of Company confidential information; and
c. will continue to honor all surviving obligations under any prior agreements with Company.

[// GUIDANCE: If the Company requires more robust reps (e.g., non-solicitation compliance), add sub-paragraphs here.]

V. COVENANTS & RESTRICTIONS (Reserved)

[Reserved — No additional covenants imposed by this Notice. All ongoing obligations are set forth in prior agreements referenced in § 3.6.]

VI. DEFAULT & REMEDIES

6.1 Events of Default. Employee’s failure to comply with §§ 3.5 or 3.6 constitutes a default (“Default”).

6.2 Remedies. Upon Default, Company may pursue any remedy available under Governing Law, including but not limited to injunctive relief, actual damages, attorneys’ fees, and recovery of unreturned Company Property.

VII. RISK ALLOCATION (Indemnification and Liability Caps Not Applicable)

[Reserved — No indemnification or liability-limitation provisions are included because they are not specified in the metadata and are unnecessary for this Notice.]

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Notice is governed by and shall be construed in accordance with the laws of the State of New Mexico, without regard to conflict-of-laws principles.

8.2 Forum Selection. The parties consent to the exclusive jurisdiction of the state courts located in [COUNTY], New Mexico.

8.3 Arbitration / Jury Waiver / Injunctive Relief. Not applicable. Company’s right to seek injunctive relief under § 6.2 is preserved.

IX. GENERAL PROVISIONS

9.1 Entire Notice. This Notice constitutes the entire notice of termination and does not alter the at-will nature of employment prior to the Termination Date.

9.2 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.3 Amendments; Waivers. No amendment or waiver of any provision of this Notice shall be effective unless in writing and signed by both parties. Failure to enforce any provision shall not be deemed a waiver.

9.4 Electronic Delivery. Delivery of a signed PDF copy or electronically executed counterpart of this Notice shall be valid and binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned have executed this Notice as of the Effective Date first written above.

[// GUIDANCE: Obtain countersignature solely to acknowledge receipt; nothing in this Notice should create a post-termination contract. If the Company offers a Separation Package, use a separate, standalone agreement with a full release of claims complying with the Older Workers Benefit Protection Act (if applicable) and any state-law age-discrimination requirements.]

OPTIONAL EMPLOYEE ACKNOWLEDGMENT

I, [EMPLOYEE NAME], acknowledge receipt of this Notice of Employment Termination and understand my obligations set forth herein.

Signature: ___ Date: ______

[// GUIDANCE: Keep a signed copy in the personnel file and provide a copy to Employee. Ensure the COBRA Packet is mailed or delivered within the federal notice period (generally 44 days from the loss of coverage, but best practice is immediate issuance). Confirm that final wages are remitted within the New Mexico statutory deadline of five (5) days post-discharge.]