[COMPANY LETTERHEAD]
TERMINATION OF EMPLOYMENT NOTICE
(New York Jurisdiction)
Effective Date: [DATE]
To: [EMPLOYEE NAME]
Address on File: [EMPLOYEE ADDRESS]
TABLE OF CONTENTS
- Definitions
- Notice of Termination
- Final Compensation & Accrued Benefits
- Group Health Coverage (COBRA)
- Unemployment Insurance Information
- Return of Company Property & Confidential Information
- Post-Employment Obligations
- Governing Law; Venue
- Acknowledgment & Receipt
1. DEFINITIONS
For purposes of this Notice, the following terms have the meanings set forth below:
1.1 “Company” means [FULL LEGAL NAME OF EMPLOYER], a [STATE] corporation with its principal place of business at [ADDRESS].
1.2 “Employee” means [EMPLOYEE NAME].
1.3 “Termination Date” means [LAST DAY OF EMPLOYMENT], being the last date on which Employee will perform services for the Company.
1.4 “Final Paycheck” has the meaning assigned in Section 3.1.
2. NOTICE OF TERMINATION
2.1 At-Will Status. Employee’s employment with the Company has always been on an at-will basis. In accordance with such status, the Company hereby terminates Employee’s employment effective as of the Termination Date for [insert “no-cause” / “cause—specify basis”].
2.2 Cessation of Authority. As of the Termination Date, Employee shall cease all authority to act on the Company’s behalf and shall not hold Employee out as an employee, agent, or representative of the Company.
[// GUIDANCE: If severance is being offered in exchange for a release, insert a “Separation Agreement” cross-reference here.]
3. FINAL COMPENSATION & ACCRUED BENEFITS
3.1 Final Wages. Pursuant to N.Y. Lab. Law § 191(3), the Company will issue Employee’s final wages (“Final Paycheck”) no later than the next regularly scheduled payday following the Termination Date (or earlier if required for manual workers). The Final Paycheck will include:
a. All earned but unpaid base wages through the Termination Date;
b. Any accrued and unused vacation or paid time off required to be paid under Company policy or applicable law; and
c. Reimbursement of properly documented business expenses submitted in accordance with Company policy.
3.2 Deductions & Withholdings. All amounts will be subject to standard payroll withholdings and authorized deductions.
3.3 401(k) and Other Benefit Plans. Information regarding rollover or distribution options will be provided separately by the respective plan administrators.
4. GROUP HEALTH COVERAGE (COBRA)
4.1 Notice. Under the Consolidated Omnibus Budget Reconciliation Act, 29 U.S.C. §§ 1161 et seq., Employee and any qualified beneficiaries may be eligible to continue group health coverage at personal expense.
4.2 Delivery of Election Materials. A separate COBRA Election Notice detailing continuation rights, deadlines, and premium costs will be sent by the Company’s COBRA administrator within the statutory timeframe.
[// GUIDANCE: Attach or provide reference to COBRA packet if available at the time of delivery.]
5. UNEMPLOYMENT INSURANCE INFORMATION
5.1 Eligibility. Employee may be eligible to apply for unemployment insurance benefits through the New York State Department of Labor (“NYSDOL”). Eligibility determinations are made solely by NYSDOL.
5.2 Application Procedure. Claims may be filed online at https://dol.ny.gov or via the NYSDOL Telephone Claims Center at (888) 209-8124. Employee should provide this Notice as supporting documentation if requested.
6. RETURN OF COMPANY PROPERTY & CONFIDENTIAL INFORMATION
6.1 Property Return. On or before the Termination Date (or such later date as the Company specifies in writing), Employee shall return all Company property, including but not limited to:
• Keys, access cards, identification badges;
• Laptop computers, mobile devices, storage media;
• Hard-copy and electronic documents;
• Credit cards, tools, equipment, or any other tangible property.
6.2 Confidential Information. Employee remains bound by, and shall continue to comply with, all confidentiality, non-disclosure, and proprietary rights obligations owed to the Company, whether arising under statute or any prior agreement.
6.3 Off-Boarding Confirmation. Employee shall execute the Company’s standard Off-Boarding Certificate confirming compliance with this Section 6.
7. POST-EMPLOYMENT OBLIGATIONS
7.1 Restrictive Covenants. Any post-employment restrictive covenant agreements previously executed by Employee (e.g., Non-Competition, Non-Solicitation, Confidentiality) remain in full force and effect to the extent enforceable under New York law.
7.2 Cooperation. Employee agrees to reasonably cooperate with the Company in the transition of duties and in connection with any matters arising out of Employee’s employment, including but not limited to responding to inquiries or participating in legal proceedings, subject to reasonable notice and reimbursement of out-of-pocket expenses.
8. GOVERNING LAW; VENUE
This Notice shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict-of-laws rules. Any action arising out of or relating to this Notice shall be brought exclusively in the state courts located in [COUNTY, NY].
9. ACKNOWLEDGMENT & RECEIPT
Please sign below to acknowledge receipt of this Termination of Employment Notice. Your signature does not necessarily indicate agreement with the content but confirms that you have received and read it.
| For the Company | The Employee |
|---|---|
| By: ________ | By: ________ |
| Name: [AUTHORIZED SIGNATORY] | Name: [EMPLOYEE NAME] |
| Title: [TITLE] | Date: ________ |
| Date: ________ |
ATTACHMENTS (as applicable)
A. COBRA Election Notice
B. Off-Boarding Certificate
C. Separation Agreement & Release (if offered)
D. Final Wage Statement
[// GUIDANCE:
1. Deliver this Notice in person or via certified mail with return receipt to establish proof of delivery.
2. If severance is conditioned on execution of a release, ensure compliance with the Older Workers Benefit Protection Act (OWBPA) for employees age 40+.
3. For layoffs involving ≥25 employees, review NY Worker Adjustment and Retraining Notification (NY-WARN) Act notice requirements.
4. Retain signed copy in personnel file for the retention period mandated under 29 C.F.R. § 516.6 and N.Y. Comp. Codes R. & Regs. (NYCRR) Title 12 Part 195.3.]