TERMINATION NOTICE LETTER
(West Virginia)
[// GUIDANCE: This template is intentionally drafted in an expanded, contract-style format to (i) embed all statutory and risk-mitigation elements normally relegated to separate exit documents, and (ii) provide attorneys with modular language that can be pared down for routine at-will separations or left intact for higher-exposure terminations.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
Termination Notice Letter
From: [COMPANY LEGAL NAME], a [STATE OF ORGANIZATION] [entity type] (“Company”)
To: [EMPLOYEE FULL LEGAL NAME] (“Employee”)
Effective Date of Letter: [ISSUANCE DATE]
Governing Law: West Virginia employment law
Recitals
A. Employee has been employed by Company pursuant to an at-will employment relationship.
B. Company has elected to terminate Employee’s employment effective as of the Termination Date (defined below).
C. Company desires to set forth the terms associated with such termination in a single, comprehensive writing.
2. DEFINITIONS
“COBRA Administrator” means [NAME / THIRD-PARTY ADMINISTRATOR] or such successor as Company may designate.
“Final Pay Date” has the meaning given in § 3.2.
“Termination Date” means [TERMINATION DATE], being the final date on which Employee is carried on Company’s payroll.
3. OPERATIVE PROVISIONS
3.1 Termination of Employment.
(a) Pursuant to West Virginia’s doctrine of employment at will, Employee’s employment with Company is hereby terminated effective as of the Termination Date.
(b) Nothing in this Letter shall be construed as an employment contract for any definite term, nor as altering Employee’s at-will status prior to the Termination Date.
3.2 Final Compensation.
(a) Wages. All earned but unpaid wages, including accrued and approved overtime, will be paid no later than the earlier of (i) the next regular payday or (ii) four (4) business days following the Termination Date in compliance with the West Virginia Wage Payment and Collection Act (W. Va. Code § 21-5-4) (“Final Pay Date”).
(b) Accrued PTO. Subject to Company policy [and/or collective bargaining agreement], accrued but unused paid time off will be paid on the Final Pay Date.
(c) Deductions. All payments are subject to customary withholdings and authorized deductions.
3.3 Benefits & COBRA.
(a) Group Health Coverage will terminate at 11:59 p.m. on the Termination Date.
(b) COBRA Notice. Within the statutorily prescribed period, the COBRA Administrator will provide a separate notice outlining Employee’s rights to continue group health coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act, 29 U.S.C. § 1161 et seq.
[// GUIDANCE: Send COBRA election packet within 14 days of plan administrator’s knowledge of the qualifying event.]
3.4 Unemployment Compensation.
Employee may be eligible for unemployment benefits through WorkForce West Virginia, subject to agency determination. To apply, visit https://workforcewv.org or call 1-800-252-JOBS. Company will promptly respond to all agency requests for separation information. Nothing herein constitutes a promise or guarantee of eligibility.
3.5 Return of Company Property.
No later than [RETURN DEADLINE] (“Return Deadline”), Employee shall return all Company property, including but not limited to keys, access cards, computers, mobile devices, records, and confidential information. Company may withhold delivery of the final paycheck for up to five (5) business days solely to verify the return of such property, as permitted under W. Va. Code § 21-5-5.
4. REPRESENTATIONS & WARRANTIES
Employee represents and warrants that:
(a) Employee has disclosed all known work-related injuries or illnesses;
(b) Employee has not retained, copied, or disclosed any Confidential Information; and
(c) Employee is not aware of any conduct by Company that Employee reasonably believes violates any law, rule, or regulation that has not already been reported in writing to the Compliance Officer.
The foregoing representations shall survive the Termination Date.
5. COVENANTS & RESTRICTIONS
5.1 Confidentiality. Employee shall continue to be bound by any confidentiality or proprietary information agreement previously executed, which is incorporated herein by reference.
5.2 Non-Disparagement. Employee agrees not to make any statement that is reasonably likely to damage Company’s business reputation; Company’s executive officers agree to refrain from official statements that disparage Employee.
5.3 Cooperation. Upon reasonable request and without additional compensation (other than reimbursement of documented expenses), Employee shall cooperate with Company in the orderly transition of duties and in any legal or administrative proceedings relating to matters within Employee’s knowledge.
6. DEFAULT & REMEDIES
6.1 Events of Default. A “Default” occurs if Employee breaches § 5 (Covenants & Restrictions) or the property-return obligations in § 3.5.
6.2 Notice and Cure. Company shall provide written notice specifying the nature of any Default. Employee shall have five (5) calendar days to cure, if curable.
6.3 Remedies. In addition to any remedies at law:
(a) Equitable Relief. Company may seek injunctive relief to prevent actual or threatened breaches of the continuing obligations herein.
(b) Recovery of Costs. Employee shall be liable for reasonable attorneys’ fees and costs incurred in enforcing this Letter following a final, non-appealable judgment of breach.
7. RISK ALLOCATION
7.1 No Additional Liability. Except for obligations expressly set forth herein or mandated by law, Company shall have no further liability to Employee arising from or relating to the employment relationship or its termination.
7.2 Disclaimer of Reliance. Employee acknowledges that Employee has not relied on any statement or promise not expressly contained in this Letter.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Letter shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to conflicts-of-law principles.
8.2 Forum Selection. The parties irrevocably submit to the exclusive jurisdiction of the state courts located in [COUNTY], West Virginia, for any action arising out of or relating to this Letter or the termination of employment.
[// GUIDANCE: If the Company maintains a valid arbitration program, delete § 8.2 and insert an FAA-compliant arbitration clause instead.]
9. GENERAL PROVISIONS
9.1 Amendment; Waiver. No amendment or waiver of any provision of this Letter shall be effective unless in writing and signed by both parties.
9.2 Assignment. Employee may not assign any rights or delegate any obligations under this Letter. Company may assign to a successor in interest.
9.3 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to achieve its intent.
9.4 Integration. This Letter constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior oral or written statements, except for any continuing confidentiality, invention-assignment, or post-employment restrictive covenants previously executed by Employee.
9.5 Counterparts; Electronic Signatures. This Letter may be executed in counterparts, each of which shall be deemed an original. Signatures delivered by facsimile, PDF, or via compliant e-signature platform shall be deemed effective.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the parties have executed this Termination Notice Letter as of the Effective Date of Letter set forth above.
COMPANY:
[COMPANY LEGAL NAME]
By: _____
Name: [AUTHORIZED SIGNATORY]
Title: [JOB TITLE]
Date: _____
EMPLOYEE:
I, the undersigned, acknowledge receipt of this Termination Notice Letter and understand its contents.
[EMPLOYEE FULL LEGAL NAME]
Date: _______
[// GUIDANCE: Consider adding a notary block if local corporate policy requires notarization for key employees or high-value severance packages. For routine separations, notarization is generally unnecessary under WV law.]
END OF DOCUMENT