NOTICE OF EMPLOYMENT TERMINATION
[COMPANY LETTERHEAD]
I. DOCUMENT HEADER
Date of Issuance: [DATE]
Effective Termination Date (“Termination Date”): [TERMINATION DATE]
To:
[EMPLOYEE NAME]
[EMPLOYEE ADDRESS]
From:
[COMPANY NAME], a [STATE OF INCORPORATION] corporation (the “Company”)
[COMPANY ADDRESS]
II. RECITALS
A. The Employee has been employed by the Company on an at-will basis pursuant to the terms and conditions stated in the Employee’s offer letter and the Company’s policies and procedures.
B. The Company has elected to terminate the Employee’s employment in accordance with South Carolina and federal law.
III. DEFINITIONS
For purposes of this Notice, the following terms have the meanings set forth below:
- “Benefits Continuation Period” means the period during which the Employee may elect to continue group health coverage under COBRA.
- “Company Property” means all tangible and intangible property of the Company, including laptops, mobile devices, keys, security cards, documents (hard-copy or electronic), trade secrets, proprietary data, and Confidential Information (as defined in any existing agreement between the Company and the Employee).
- “Final Pay” means all earned but unpaid wages, salary, accrued and unused vacation/paid time off (“PTO”), commissions, and expense reimbursements due to the Employee as of the Termination Date.
IV. OPERATIVE PROVISIONS
1. Termination of Employment
Effective as of the Termination Date, the Employee’s employment with the Company is hereby terminated. All positions, offices, and authorities held by the Employee with the Company and its affiliates shall automatically terminate as of the same date.
2. Final Pay
(a) Timing. In compliance with S.C. Code Ann. § 41-10-50 (2023), the Company will tender the Employee’s Final Pay no later than the earlier of:
i. Forty-eight (48) hours after the Termination Date; or
ii. The next regularly scheduled payday following the Termination Date (in no event more than thirty (30) calendar days thereafter).
(b) Method. Final Pay will be made by [DIRECT DEPOSIT/CHECK] and accompanied by an itemized wage statement.
[// GUIDANCE: Insert specific dollar amounts once calculated—e.g., “Final Pay: $[AMOUNT] gross.”]
3. Continuation of Health Benefits (COBRA)
Pursuant to 29 U.S.C. § 1166 (2023), the Employee and any covered dependents are entitled to elect continuation of group health insurance coverage. A separate COBRA Election Notice, containing premium amounts, election procedures, and deadlines, will be mailed by the Company’s plan administrator within fourteen (14) days of the Termination Date.
[// GUIDANCE: Confirm plan administrator’s delivery timeline; federal penalties apply for late notice.]
4. Accrued Benefits and Deductions
All accrued but unused PTO through the Termination Date will be included in the Final Pay subject to standard payroll withholdings. Any outstanding advances, loans, or other lawful deductions authorized in writing by the Employee will be offset in accordance with S.C. Code Ann. § 41-10-40 (2023).
5. Return of Company Property
The Employee must return all Company Property no later than the Termination Date (or by [RETURN DEADLINE] if mutually agreed in writing). Failure to timely return Company Property may result in the withholding of the replacement cost to the maximum extent permitted by law.
6. Confidentiality, Non-Solicitation, and Other Post-Employment Obligations
The Employee remains bound by all surviving provisions of any confidentiality, non-disclosure, intellectual-property, non-competition, or non-solicitation agreements previously executed with the Company.
7. Unemployment Insurance Information
The Employee may be eligible to apply for unemployment insurance benefits through the South Carolina Department of Employment and Workforce (“SCDEW”). Eligibility is determined solely by SCDEW and not by the Company. SCDEW may be contacted at (866) 831-1724 or online at https://dew.sc.gov. The Company does not intend to contest the Employee’s application for unemployment benefits absent disqualifying misconduct as defined under South Carolina law.
8. Governing Law and Forum Selection
This Notice and any disputes arising herefrom shall be governed by the laws of the State of South Carolina, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state courts located in [COUNTY], South Carolina, for any proceedings related hereto.
9. No Contractual Modification; Reservation of Rights
Nothing in this Notice shall be construed as creating an employment contract for a specific term, altering the at-will nature of the employment relationship prior to the Termination Date, or waiving any right or remedy available to the Company under applicable law.
10. Employee Acknowledgment and Acceptance
Please sign and date the acknowledgment below and return a copy to Human Resources by [ACKNOWLEDGMENT DEADLINE]. Your signature confirms only that you have received this Notice and does not constitute agreement with its contents.
V. GENERAL PROVISIONS
- Amendment. This Notice may be amended only by a written instrument signed by an authorized representative of the Company.
- Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Entire Notice. This document constitutes the entire notification with respect to the termination of the Employee’s employment and supersedes all prior oral or written communications concerning the subject matter herein, except for surviving restrictive-covenant agreements.
VI. EXECUTION BLOCK
COMPANY:
[COMPANY NAME]
By: _____
Name: [AUTHORIZED SIGNATORY]
Title: [TITLE]
Date: ________
EMPLOYEE ACKNOWLEDGMENT:
I, [EMPLOYEE NAME], acknowledge receipt of this Notice of Employment Termination.
Signature: _____
Date: ________
[// GUIDANCE:
1. Attach (i) itemized final paycheck statement, (ii) COBRA Election Notice, (iii) copy of any post-employment restrictive-covenant agreements, and (iv) checklist of Company Property to be returned.
2. Confirm final paycheck delivery complies with both state statute and Company payroll schedule.
3. Retain signed acknowledgment and delivery proof in personnel file for at least five (5) years.]