TERMINATION OF EMPLOYMENT NOTICE
(South Dakota – At-Will Employment)
[// GUIDANCE: This template is drafted for private-sector, non-unionized employees in South Dakota. Confirm that no individual employment contract, collective bargaining agreement, or policy manual alters the at-will relationship or imposes additional termination procedures.]
[COMPANY NAME]
[Company Address]
[City, State ZIP]
[Telephone] | [Email]
Date: [DATE]
Via: [Hand-Delivery / Certified Mail / Email]
To:
[EMPLOYEE NAME]
[Employee Address]
[City, State ZIP]
1. NOTICE OF TERMINATION
Pursuant to the employment-at-will relationship between you and [Company], this letter serves as formal notice that your employment will terminate effective [TERMINATION DATE] (the “Termination Date”).
[// GUIDANCE: If providing a reason is prudent, insert a concise, factual statement here (e.g., reduction in force, position elimination, performance deficiencies). Omit a reason when consistent with company practice to minimize risk.]
2. FINAL COMPENSATION
2.1 Final Paycheck
In accordance with S.D. Codified Laws § 60-11-10, all wages earned and unpaid through the Termination Date will be paid no later than the next regular payday ([NEXT REGULAR PAYDAY]), via [normal pay method / mailed check], inclusive of:
• Unpaid base wages through the Termination Date;
• Accrued but unused vacation/PTO of [___] hours, paid at your current hourly/base rate; and
• Any approved business expense reimbursements submitted in compliance with company policy.
2.2 Deductions
Lawful deductions (e.g., taxes, benefit premiums, wage garnishments) will be withheld as required by federal and South Dakota law.
3. BENEFITS & CONTINUATION RIGHTS
3.1 Group Health Insurance (COBRA)
Your group health coverage will end at 11:59 p.m. on the Termination Date. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), 29 U.S.C. § 1166, you and eligible dependents may elect to continue coverage for up to 18 months at your own cost. A separate COBRA Election Notice, containing premium amounts and election deadlines, will be sent to your last known address by the Plan Administrator within the statutory timeframe.
3.2 Other Benefits
• 401(k)/retirement: Refer to the plan’s Summary Plan Description for distribution or rollover options.
• Life/Disability insurance: Coverage ceases on the Termination Date; conversion rights, if any, will be detailed separately.
• Flexible spending accounts: Claims incurred on or before the Termination Date must be submitted by [DEADLINE].
4. UNEMPLOYMENT INSURANCE INFORMATION (SOUTH DAKOTA)
You may be eligible to apply for unemployment insurance benefits through the South Dakota Department of Labor & Regulation. Eligibility determinations are made solely by the Department, not by [Company].
• File online at https://dlr.sd.gov or call 605-626-3179.
• Provide this letter as proof of separation if requested.
[// GUIDANCE: South Dakota does not mandate that employers provide a specific written notice of UI availability, but proactively including the above language demonstrates compliance with best practices and reduces exposure to claims of failure to inform.]
5. RETURN OF COMPANY PROPERTY
All company property—including keys, ID badges, credit cards, laptops, mobile devices, and confidential documents—must be returned to [Designated Person/Department] no later than [RETURN DEADLINE]. Failure to timely return property may delay issuance of certain final payments or trigger lawful set-off remedies where permitted.
6. POST-EMPLOYMENT OBLIGATIONS
Any confidentiality, non-disparagement, intellectual property, or restrictive covenant obligations previously agreed to by you remain in full force and effect after the Termination Date.
7. REFERENCES & EMPLOYMENT VERIFICATIONS
Consistent with company policy, [Company] will confirm only your dates of employment, last position held, and final salary to prospective employers unless you provide written authorization for additional disclosure.
8. NO WAIVER OF RIGHTS
This notice does not modify any statutory rights you may have under federal, state, or local law, nor does it constitute a waiver of any rights that [Company] may possess.
9. ACKNOWLEDGMENT OF RECEIPT
Please sign and date below to acknowledge receipt of this Notice. Your signature does not signify agreement with its contents, only that you have received and read it.
| Employee Signature: ______ | Date: ______ |
| Printed Name: ______ |
ATTACHMENTS
A. Final Pay Statement (to be provided on or before [NEXT REGULAR PAYDAY])
B. COBRA Election Notice (to follow under separate cover)
C. Expense Reimbursement Form (if applicable)
If you have any questions regarding this Notice, please contact [HR Contact Name] at [Phone] or [Email].
[// GUIDANCE:
1. Retain a signed copy in the personnel file to evidence compliance with South Dakota final pay statutes.
2. If termination implicates potential discrimination or retaliation claims, consult counsel before delivery.
3. Verify that the COBRA Notice is timely issued; failure may expose the employer to statutory penalties and IRS excise taxes.]