Notice of Termination and Separation & General Release Agreements

The law does not require employers to provide written notice confirming the decision to terminate an employee. Nevertheless, a well-written notice of termination is the most effective way to avoid risk and challenges related to the termination of an employee. This documentation can serve as the basis for:

  • contesting an application for unemployment compensation benefits,
  • contesting the continuation of insurance benefits under COBRA,
  • confirming the legitimate, non-discriminatory performance/business-related basis for the termination, and
  • providing a consistent approach and practice to help avoid claims of disparate treatment.

In some cases, it is prudent to offer a Separation and General Release Agreement in exchange for certain commitments from the former employee in order to tie off loose ends.

This service includes:

  • A Notice of Termination template without reference to a Separation and General Release Agreement
  • A Notice of Termination introducing the option to proceed under a Separation and General Release Agreement
  • A Separation and General Release Agreement template
  • An Off-Boarding Checklist

Each template should be tailored to fit the facts of each individual termination and should reflect your organization’s approach and practice.

All of our services are protected by attorney-client privilege and are indemnified.