NOTICE OF TERMINATION OF EMPLOYMENT
(Utah)
[Company Letterhead or Logo]
Date: [DATE]
To: [EMPLOYEE NAME]
Address: [EMPLOYEE ADDRESS]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Termination of Employment
3.2 Final Compensation & Accrued Benefits
3.3 Continuation of Health Coverage (COBRA)
3.4 Unemployment Insurance Information
3.5 Return of Company Property
3.6 Post-Employment Obligations - Governing Law & Forum Selection
- General Provisions
- Acknowledgment & Execution
1. DOCUMENT HEADER
This Notice of Termination of Employment (“Notice”) is issued by [EMPLOYER LEGAL NAME], a [STATE OF INCORP.] [ENTITY TYPE] (“Company”), to [EMPLOYEE NAME] (“Employee”). The Notice is effective as of [EFFECTIVE DATE] (“Effective Date”) and is governed by the laws of the State of Utah.
Recitals
A. Employee has been employed by Company in the position of [POSITION TITLE].
B. Company and Employee are parties to an at-will employment relationship.
C. Company has determined to terminate Employee’s employment effective as set forth herein.
2. DEFINITIONS
For purposes of this Notice, capitalized terms have the following meanings:
“Accrued Benefits” – All wages earned through the Effective Date, including accrued but unused paid time off (“PTO”) and any approved expense reimbursements.
“COBRA” – The Consolidated Omnibus Budget Reconciliation Act of 1985, as amended, 29 U.S.C. § 1166 et seq.
“Final Pay Date” – The date on which all Accrued Benefits are delivered to Employee in accordance with Utah Code Ann. § 34-28-5(1)(a)(i).
“Company Property” – All physical and intangible property belonging to Company, including keys, access cards, computers, mobile devices, documents, electronic files, and confidential information.
3. OPERATIVE PROVISIONS
3.1 Termination of Employment
Company hereby terminates Employee’s employment effective as of 5:00 p.m. Mountain Time on the Effective Date. Nothing in this Notice alters the at-will nature of the employment relationship prior to the Effective Date or creates any contract of employment for any period after the Effective Date.
3.2 Final Compensation & Accrued Benefits
a. Final Pay Timing
Company will deliver to Employee all Accrued Benefits no later than [TIME] on [FINAL PAY DATE], which shall be within twenty-four (24) hours of the Effective Date, as required by Utah Code Ann. § 34-28-5(1)(a)(i).
b. Method of Payment
[Specify: direct deposit/check/cashier’s check – choose one].
c. Deductions
All payments will be subject to applicable federal, state, and local withholdings.
d. Severance (if any)
[INSERT severance terms or “None.”]
[// GUIDANCE: Consider attaching a detailed final pay statement showing wage calculations, PTO payout, and any authorized deductions.]
3.3 Continuation of Health Coverage (COBRA)
If Employee is enrolled in Company’s group health plan on the Effective Date, termination constitutes a “qualifying event” under COBRA. Employee will receive a separate written COBRA Election Notice from the Plan Administrator within the applicable statutory period (generally 14 days after the Plan Administrator is notified of the qualifying event pursuant to 29 U.S.C. § 1166(a)(4)).
Employee will have sixty (60) days from the later of (i) receipt of the COBRA Election Notice or (ii) the Effective Date to elect continuation coverage. If elected, premiums will be paid entirely by Employee unless Company, in its sole discretion, agrees otherwise in writing.
[// GUIDANCE: If Company is self-administered, confirm the 44-day combined employer/administrator deadline and adjust language accordingly.]
3.4 Unemployment Insurance Information
Employee may be eligible to apply for unemployment insurance benefits through the Utah Department of Workforce Services (“DWS”). Eligibility determinations are made solely by DWS. Employee may file a claim online at jobs.utah.gov or by calling 801-526-4400. Company will respond truthfully to all DWS inquiries.
3.5 Return of Company Property
Employee shall return all Company Property to [DESIGNATED COMPANY REPRESENTATIVE] no later than [RETURN DEADLINE]. Final Pay may be conditioned upon return of Company Property only to the extent permitted by Utah law; under no circumstances will lawful wages be withheld beyond the time limits in Utah Code Ann. § 34-28-5.
3.6 Post-Employment Obligations
Employee remains bound by all post-employment covenants previously agreed to, including but not limited to confidentiality, non-solicitation, and intellectual-property assignment provisions contained in [REFERENCE AGREEMENT NAME & DATE].
4. GOVERNING LAW & FORUM SELECTION
This Notice, and any dispute arising out of or related to it, shall be governed by the laws of the State of Utah, without regard to conflict-of-law principles. The parties agree to the exclusive jurisdiction of the state courts located in [COUNTY], Utah for resolution of any such dispute.
5. GENERAL PROVISIONS
5.1 No Waiver. Failure by Company to enforce any provision of this Notice shall not be construed as a waiver of future enforcement of that or any other provision.
5.2 Severability. If any provision of this Notice is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
5.3 Entire Notice. This Notice constitutes the entire communication regarding the termination of Employee’s employment and supersedes all prior oral or written statements on the subject, except that it does not modify any surviving agreements referenced in Section 3.6.
5.4 Amendments. This Notice may be amended only by a written instrument signed by both parties.
5.5 Electronic Signatures. The parties agree that electronic signatures shall be deemed originals for all purposes.
6. ACKNOWLEDGMENT & EXECUTION
Please sign below to acknowledge receipt of this Notice. Your signature does not indicate agreement with the reasons for termination, only that you have received and reviewed this document.
| [EMPLOYER LEGAL NAME] | [EMPLOYEE NAME] |
| By: _________ | _________ |
| Name: [AUTHORIZED SIGNATORY] | |
| Title: [JOB TITLE] | |
| Date: ________ | Date: ________ |
[// GUIDANCE: Retain a copy signed by both parties in the personnel file. Provide Employee with a copy along with the COBRA Election Notice and any final pay documentation.]