NOTICE OF TERMINATION OF EMPLOYMENT
(Commonwealth of Virginia)
[// GUIDANCE: This template is designed for at-will employee terminations in Virginia. It intentionally excludes severance, release, arbitration, indemnification, jury-waiver, and similar provisions identified in the metadata as “not applicable.” If your matter involves a collective-bargaining agreement, a for-cause termination, or a negotiated separation, use a tailored separation agreement instead of—or in addition to—this letter.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Termination of Employment
3.2 Final Wages and Accrued Benefits
3.3 Health Insurance & COBRA Continuation Coverage
3.4 Other Employee Benefits
3.5 Unemployment Insurance
3.6 Return of Company Property; Confidentiality
3.7 References and Employment Verification - General Provisions
4.1 Severability
4.2 No Waiver
4.3 Governing Law & Venue - Acknowledgment
- Execution Block
1. DOCUMENT HEADER
Sender (Employer): [EMPLOYER LEGAL NAME], a [STATE] [corporation/limited liability company] with its principal place of business at [ADDRESS] (“Employer”)
Recipient (Employee): [EMPLOYEE FULL NAME], residing at [ADDRESS] (“Employee”)
Effective Date of Notice: [DATE] (“Effective Date”)
Termination Date: [TERMINATION DATE] (“Termination Date”)
2. DEFINITIONS
The following terms have the meanings set forth below and apply throughout this Notice:
“Company Property” means any tangible or intangible property belonging to Employer, including without limitation keys, access cards, identification badges, computers, mobile devices, software, confidential information, trade secrets, files (hard-copy and electronic), credit cards, vehicles, and any other property issued to or created by Employee in connection with employment.
“Final Pay Date” has the meaning given in Section 3.2(a).
“Restrictive Covenants” has the meaning given in Section 3.6(b).
3. OPERATIVE PROVISIONS
3.1 Termination of Employment
(a) At-Will Relationship. Employee’s employment with Employer has been and remains strictly at-will.
(b) Termination. Employer hereby terminates Employee’s employment effective as of the Termination Date specified above. No future services are authorized or expected after the Termination Date unless expressly agreed in writing by Employer.
3.2 Final Wages and Accrued Benefits
(a) Timing & Manner of Payment. Pursuant to Va. Code Ann. § 40.1-29(B), Employer will pay Employee all earned, unpaid wages—including accrued but unused vacation or paid time off—in a lump sum on or before the next regularly scheduled payday following the Termination Date, currently scheduled for [NEXT PAYDAY] (the “Final Pay Date”).
(b) Itemized Statement. The Final Paycheck will be accompanied by an itemized wage statement in compliance with Virginia law.
[// GUIDANCE: If your payroll system allows same-day payout, you may accelerate the Final Pay Date.]
3.3 Health Insurance & COBRA Continuation Coverage
(a) Coverage Termination. Employer-sponsored group health coverage will terminate at 11:59 p.m. on [LAST DAY OF MONTH OR SPECIFY DATE].
(b) COBRA Notice. Under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), 29 U.S.C. § 1166, Employee and any qualified beneficiaries are entitled to elect continued group health coverage at their own expense. A separate COBRA Election Notice will be provided within the statutory 44-day period, outlining premium amounts, election deadlines, and payment procedures.
3.4 Other Employee Benefits
(a) Retirement Plans. Vested amounts under Employer-sponsored retirement or 401(k) plans will remain subject to applicable plan documents. For distributions or rollovers, contact [PLAN ADMINISTRATOR CONTACT INFO].
(b) Flexible Spending & Miscellaneous Plans. Participation in flexible spending accounts and all other welfare plans will cease on the Termination Date, subject to any continuation or conversion rights afforded by law or plan terms.
3.5 Unemployment Insurance
(a) Potential Eligibility. Employee may apply for unemployment insurance benefits through the Virginia Employment Commission (“VEC”). Eligibility is determined solely by the VEC based on statutory criteria, including whether the separation is voluntary or for misconduct.
(b) Employer Cooperation. Employer will respond timely and truthfully to VEC inquiries and will not oppose Employee’s claim except as required to provide accurate information.
3.6 Return of Company Property; Confidentiality
(a) Property Return. No later than the Termination Date (or such later date expressly approved in writing by Employer), Employee shall return all Company Property to [RETURN LOCATION OR CONTACT PERSON].
(b) Ongoing Obligations. Employee remains bound by any confidentiality, non-disclosure, non-solicitation, non-competition, or invention-assignment agreements previously executed (collectively, the “Restrictive Covenants”), all of which survive termination to the fullest extent permitted by law.
3.7 References and Employment Verification
Employer maintains a neutral reference policy. Upon inquiry and with appropriate authorization, Employer will confirm only Employee’s dates of employment, last position held, and final salary, unless otherwise required by law.
4. GENERAL PROVISIONS
4.1 Severability
If any provision of this Notice is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
4.2 No Waiver
Failure by Employer to enforce any provision shall not constitute a waiver of that—or any other—provision.
4.3 Governing Law & Venue
This Notice, and any dispute arising hereunder, shall be governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state courts located in [COUNTY], Virginia.
5. ACKNOWLEDGMENT
By signing below, Employee acknowledges (i) receipt of this Notice, (ii) understanding of its contents, and (iii) that employment terminates effective as of the Termination Date stated herein.
[// GUIDANCE: Keep a signed copy in the personnel file. If Employee refuses to sign, note “Employee declined to acknowledge” and have a witness sign.]
6. EXECUTION BLOCK
EMPLOYER
[AUTHORIZED SIGNATORY NAME]
[Title]
Date: ________
EMPLOYEE (Acknowledgment of Receipt)
[EMPLOYEE FULL NAME]
Date: ________
[// GUIDANCE:
1. COBRA Delivery – Confirm that your plan administrator sends the COBRA Election Notice within 44 days.
2. Final Pay Compliance – Document the issuance of final wages on or before the Final Pay Date to avoid statutory penalties.
3. Company Property List – Attach or reference a checklist of all items to be returned.
4. Restrictive Covenants – Attach copies of any agreements the employee remains bound by, or include a clear cross-reference to their location in the personnel file.]