Washington State Employee Termination Letter

EMPLOYEE TERMINATION LETTER

State of Washington

TABLE OF CONTENTS

1. Employer and Employee Information
2. Purpose and Effective Date of Termination
3. Reason for Termination
4. Final Wages and Compensation
5. Accrued Benefits and Paid Time Off
6. Health Insurance Continuation (COBRA / WA Mini-COBRA)
7. Unemployment Insurance Information
8. WARN Act / WA Mini-WARN Act Notice
9. Return of Company Property
10. Post-Employment Obligations
11. Anti-Retaliation and Non-Discrimination Statement
12. References and Employment Verification
13. Severance (If Applicable)
14. General Provisions
15. Acknowledgment and Signatures
16. Enclosures and Attachments Checklist
17. Sources and References

1. EMPLOYER AND EMPLOYEE INFORMATION

Employer (Company):

Employee:

Prepared By:

Delivery Method:

☐ Hand delivery with signed acknowledgment
☐ Certified mail, return receipt requested
☐ Email with read receipt and follow-up hard copy
☐ Other: [________________________________]

2. PURPOSE AND EFFECTIVE DATE OF TERMINATION

This letter serves as formal notification that the employment of [Employee Full Legal Name] ("Employee") with [Company Legal Name] ("Company") is terminated effective [__/__/____] ("Separation Date").

Employee's last day physically in the workplace shall be: [__/__/____]

☐ Employee is being placed on paid administrative leave from [__/__/____] through the Separation Date.
☐ Employee's last working day and Separation Date are the same.

3. REASON FOR TERMINATION

Washington is an at-will employment state. Either the employer or employee may end the employment relationship at any time, with or without cause, provided the termination does not violate any applicable federal or state anti-discrimination or anti-retaliation statute.

The reason for this termination is as follows (select all that apply):

☐ Voluntary Resignation – Employee submitted resignation effective [__/__/____].
☐ Involuntary Termination – Performance – Employee has failed to meet documented performance expectations after progressive discipline on: [________________________________]
☐ Involuntary Termination – Misconduct – Employee violated company policy: [________________________________]
☐ Position Elimination / Reduction in Force – The position of [________________________________] is being eliminated due to: [________________________________]
☐ End of Contract / Temporary Assignment – The assignment concluded as of [__/__/____].
☐ Mutual Agreement – Both parties have mutually agreed to end the employment relationship.
☐ Other – [________________________________]

Additional detail regarding the reason for separation:

[________________________________]
[________________________________]
[________________________________]

4. FINAL WAGES AND COMPENSATION

Washington Final Paycheck Requirements

Under RCW 49.48.010, when an employee is discharged or quits, all wages earned and unpaid must be paid no later than the end of the established pay period. In practice, the employer must pay all final wages on or before the next regularly scheduled payday following the Separation Date.

Willful failure to pay wages when due may result in double damages under RCW 49.48.030 plus reasonable attorney fees and costs.

Method of Payment:
☐ Direct deposit to account on file
☐ Paper check mailed to address above
☐ Paper check available for pickup at: [________________________________]

Expense Reimbursement

Employee must submit all outstanding, properly documented business expenses within [____] calendar days of the Separation Date. Approved expenses will be reimbursed within [____] business days of submission.

5. ACCRUED BENEFITS AND PAID TIME OFF

Vacation / PTO Payout

Washington does not have a statute that mandates payout of accrued, unused vacation or PTO upon termination. However, if the Company's written policy or employment agreement provides for vacation payout, such amounts are considered "wages" under RCW 49.46 and must be paid accordingly.

☐ Company policy provides for payout of accrued, unused vacation/PTO.
☐ Company policy does not provide for payout. No payout will be made.

Paid Sick Leave

Under RCW 49.46.210, Washington employers are generally not required to pay out accrued sick leave at termination, except for certain construction workers (NAICS 236100) under rules effective January 1, 2024.

☐ Employee is a construction worker under NAICS 236100; sick leave payout of $[____] is included.
☐ Employee is not subject to the construction worker sick leave payout requirement.

6. HEALTH INSURANCE CONTINUATION (COBRA / WA MINI-COBRA)

Federal COBRA (Employers with 20+ Employees)

If the Company employed 20 or more employees on at least 50% of its typical business days in the preceding calendar year, Employee and eligible dependents may elect continuation of group health coverage under the Consolidated Omnibus Budget Reconciliation Act ("COBRA"), 29 U.S.C. §§ 1161–1169.

• Election period: 60 days from the later of (a) the date coverage ends, or (b) the date the COBRA election notice is provided.
• Maximum continuation period: 18 months (may extend to 29 or 36 months in certain circumstances).
• A separate COBRA Election Notice will be provided by the plan administrator within 44 days of the qualifying event.

Washington Mini-COBRA (Employers with Fewer than 20 Employees)

If the Company employed fewer than 20 employees, Washington's continuation coverage statute (RCW 48.21.075) may apply. This provides similar continuation rights through the insurer.

☐ Federal COBRA applies (20+ employees)
☐ WA Mini-COBRA applies (fewer than 20 employees)
☐ Company does not offer group health coverage

7. UNEMPLOYMENT INSURANCE INFORMATION

Employee may be eligible for unemployment insurance benefits through the Washington Employment Security Department ("ESD").

Eligibility is determined solely by ESD based on statutory criteria, including the reason for separation, prior earnings, and availability for work.

How to File a Claim:

• Online: https://esd.wa.gov/unemployment
• Phone: (800) 318-6022
• TTY: 711 (Washington Relay Service)

The Company will respond promptly and accurately to all ESD inquiries regarding this separation.

☐ The Company will not contest Employee's unemployment claim.
☐ The Company reserves the right to provide accurate information to ESD regarding the reason for separation, which may include information about misconduct or voluntary quit.

8. WARN ACT / WA MINI-WARN ACT NOTICE

Federal WARN Act (29 U.S.C. § 2101 et seq.)

If this termination is part of a mass layoff (50+ employees at a single site within a 30-day period) or plant closing (affecting 50+ employees), and the Company employs 100+ employees, the federal WARN Act requires 60 days' advance written notice.

Washington Mini-WARN Act (SB 5070, Effective July 27, 2025)

Washington's Mini-WARN Act requires employers with more than 50 employees to provide at least 60 days' written notice before a business closing or mass layoff affecting 50 or more employees.

☐ This termination is not part of a mass layoff or plant closing; WARN Act notice is not required.
☐ WARN Act notice was provided on [__/__/____] (copy attached).
☐ WA Mini-WARN Act notice was provided on [__/__/____] (copy attached).

9. RETURN OF COMPANY PROPERTY

Employee must return all Company property on or before the Separation Date. Failure to return property may result in civil action for recovery.

Note: Under Washington law, the Company may not withhold final wages as a condition of property return.

Employee must permanently delete any Company data stored on personal devices and certify deletion in writing upon request.

10. POST-EMPLOYMENT OBLIGATIONS

Employee remains bound by all survivable obligations contained in previously executed agreements, including but not limited to:

☐ Confidentiality / Non-Disclosure Agreement dated [__/__/____]
☐ Non-Competition Agreement dated [__/__/____]
☐ Non-Solicitation Agreement dated [__/__/____]
☐ Intellectual Property / Invention Assignment Agreement dated [__/__/____]
☐ Other: [________________________________]

Copies of these agreements are ☐ attached hereto / ☐ on file and available upon request.

Cooperation. For a period of [____] days following the Separation Date, Employee shall cooperate reasonably with the Company regarding matters within Employee's knowledge, provided such cooperation does not unreasonably interfere with Employee's subsequent employment.

11. ANTI-RETALIATION AND NON-DISCRIMINATION STATEMENT

The Company represents that this termination decision was made without regard to race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, marital status, veteran status, genetic information, citizenship or immigration status, or any other characteristic protected by federal law or the Washington Law Against Discrimination (RCW 49.60).

Nothing in this letter limits Employee's right to:

• File a charge or complaint with the Equal Employment Opportunity Commission (EEOC), the Washington State Human Rights Commission, or any other governmental agency;
• Participate in an agency investigation or proceeding;
• Engage in protected concerted activity under the National Labor Relations Act; or
• Report potential violations of law to any governmental authority, including under whistleblower statutes.

12. REFERENCES AND EMPLOYMENT VERIFICATION

The Company's standard policy is to confirm only the following upon inquiry:

• Dates of employment
• Last position held
• Final salary (only with Employee's written authorization)

All verification requests should be directed to: [________________________________]

13. SEVERANCE (IF APPLICABLE)

☐ No severance is being offered in connection with this termination.

☐ Severance is being offered as set forth in a separate Severance and Release Agreement, which is enclosed. Severance benefits are contingent upon execution of the Release, including compliance with the Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. § 626(f), if Employee is 40 years of age or older.

14. GENERAL PROVISIONS

14.1 At-Will Confirmation. Nothing in this letter alters the at-will nature of the employment relationship that existed prior to the Separation Date.

14.2 Governing Law. This letter shall be governed by and construed in accordance with the laws of the State of Washington, without regard to conflict-of-laws principles. Any action arising hereunder shall be filed exclusively in the state courts located in [________________________________] County, Washington.

14.3 No Admission. This letter does not constitute an admission of liability or wrongdoing by the Company.

14.4 No Waiver of Claims. This letter does not constitute a waiver or release of any claims by either party. Any release of claims must be set forth in a separate, written agreement.

14.5 Severability. If any provision of this letter is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.6 Entire Notice. This letter constitutes the entire termination notice and supersedes all prior oral or written communications regarding termination, except for any separate written agreements that expressly survive termination.

15. ACKNOWLEDGMENT AND SIGNATURES

Company Representative

I, the undersigned, am authorized to issue this termination notice on behalf of the Company.

Signature: ________________________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

Employee Acknowledgment

By signing below, I acknowledge that I have received this Termination Letter and all referenced enclosures. My signature confirms receipt only and does not constitute agreement with the reasons stated or a waiver of any legal rights.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

☐ Employee declined to sign acknowledgment. Witnessed by:

Witness Name: [________________________________]

Witness Signature: ________________________________________

Date: [__/__/____]

16. ENCLOSURES AND ATTACHMENTS CHECKLIST

☐ Final paycheck or pay statement
☐ COBRA Election Notice and enrollment forms
☐ Washington ESD unemployment information
☐ WA Mini-WARN Act notice (if applicable)
☐ Benefits summary and conversion/rollover information
☐ 401(k) / retirement plan distribution information
☐ Copies of surviving restrictive covenant agreements
☐ Severance Agreement and General Release (if applicable)
☐ Company property return checklist (signed)
☐ OWBPA disclosure information (if applicable for RIF of employees 40+)
☐ Other: [________________________________]

17. SOURCES AND REFERENCES

• RCW 49.48.010 – Payment of wages upon cessation of employment: https://app.leg.wa.gov/rcw/default.aspx?cite=49.48.010
• RCW 49.48.030 – Penalty for willful withholding of wages: https://app.leg.wa.gov/rcw/default.aspx?cite=49.48.030
• RCW 49.46.210 – Paid sick leave: https://app.leg.wa.gov/rcw/default.aspx?cite=49.46.210
• RCW 48.21.075 – Washington mini-COBRA continuation coverage: https://app.leg.wa.gov/rcw/default.aspx?cite=48.21.075
• RCW 49.60 – Washington Law Against Discrimination: https://app.leg.wa.gov/rcw/default.aspx?cite=49.60
• SB 5070 (2025) – Washington Mini-WARN Act
• 29 U.S.C. §§ 1161–1169 – COBRA: https://www.law.cornell.edu/uscode/text/29/1161
• 29 U.S.C. § 2101 et seq. – Federal WARN Act
• Washington Employment Security Department: https://esd.wa.gov/unemployment

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Laws change frequently; verify all statutory citations before use. Have this document reviewed by a licensed Washington attorney before issuance.