hr-termination-letter

> **Templates only - not employment-law advice.** Termination letters trigger state-specific final-pay deadlines, COBRA / mini-COBRA notices, and ADEA release windows. Have HR counsel review every termination before delivery. # HR - Termination Letter Draft an involuntary-termination letter with the correct state-specific final-pay timing, COBRA route, and (when severance is offered to age-40+ employees) an OWBPA-compliant separation agreement. ## Pre-flight (REQUIRED - refuses to draft without these) 1. **Employee name, role, tenure** 2. **Reason category**: performance / RIF (use `/hr rif` for the upstream analysis) / policy violation / at-will (no cause stated) / for-cause misconduct 3. **State of employment** - drives final-pay timing (see matrix) 4. **Country** 5. **Total headcount** - federal vs state mini-COBRA route 6. **Employee age 40+?** - OWBPA 21-day + 7-day window if severance is offered 7. **Severance offered?** - what consideration (additional weeks of pay, COBRA subsidy, accelerated equity) 8. **Last day, last day worked, separation date** 9. **Active legal hold / harassment complaint involving employee?** - if yes, **STOP** and route to counsel (do not terminate during pending complaint without counsel sign-off - wrongful-termination/retaliation risk) 10. **Visa / immigration status** - H-1B/L-1/O-1 termination triggers 60-day grace period and USCIS notification; route to immigration counsel ## State-by-state final-pay timing (US - abbreviated; see `_jurisdiction.md` for full) | State | Involuntary final pay due | |-------|---------------------------| | CA | Same day, all wages + accrued vacation; 30-day waiting-time penalty if late (Lab. Code §§201-203) | | MA | Same day | | CO | Immediately if practical, else within 6 hrs of next business day, 24 hrs if offsite | | HI | Immediately or by next business day | | CT | Next business day | | MT | Immediately if for cause; 4 hrs / end of business day otherwise; **no at-will after probation** | | NV | Immediately | | IL, NY | Next regular payday | | TX | Within 6 days | | All others | Next regular payday safest default - verify state DOL | ## COBRA / mini-COBRA route - 20+ EE: federal COBRA - Election Notice within 44 days (30 to plan admin + 14 to QB) - <20 EE: state mini-COBRA per state matrix (CA Cal-COBRA, NY, NJ, CT, MA, IL, etc.) ## Output - Termination Letter (basic - without separation agreement) ```markdown [Date] [Employee Name] [Address] Dear [Employee Name], This letter confirms that your employment with [Company Name] is terminated effective [Last Day]. [If notice period: Your last day of work is [date]; you will be paid through [date].] **Reason for termination:** [Brief - performance / position eliminated as part of restructuring / policy violation / at-will (no reason stated, where state law permits)] **Final pay.** You will receive your final paycheck on [Date - meeting state-specific timing requirement]. This includes: - Earned wages through [Last Day]: $[X] - Accrued, unused [PTO / vacation per state law and policy]: $[X] - [Reimbursable expenses]: $[X] - [Earned commissions per plan]: $[X] - **Total**: $[X] [Wages already earned, accrued PTO where state requires, and unreimbursed expenses are paid regardless of whether you sign any agreement.] **Benefits.** - Health insurance continues through [last day of month / last day of coverage]. - COBRA Election Notice [if 20+ EE] / Cal-COBRA / state mini-COBRA Election Notice [if <20 EE] will be mailed to you within [44 days federal / state-specific timeline]. - [HSA: portable. FSA: use by [date].] - 401(k) distribution / rollover packet will be sent by the plan administrator. - Equity: post-termination exercise window per Equity Plan and Grant Notice - [90 days / extended]. **Return of company property.** Please return [laptop, badge, phone, equipment] by [Date]. Arrangements: [pickup / shipping label / in-person]. **Continuing obligations.** Per your offer letter and Employee Confidentiality, Non-Solicitation, and Invention Assignment Agreement: confidentiality, non-solicitation [where enforceable in state], and the federal Defend Trade Secrets Act §1833(b) immunity notice continue to apply. **References.** [Company]'s policy is to provide neutral references confirming your dates of employment and last position held. Direct reference inquiries to [HR contact]. **Unemployment insurance.** You may be eligible for unemployment insurance benefits. Contact [state UI agency]; we will respond to any UI claim consistent with applicable law. [If CA: you are receiving the EDD "For Your Benefit" pamphlet with this letter, as required by state law.] **Anti-retaliation.** This decision is not retaliation for any protected activity. Federal and state law prohibits retaliation for filing complaints, requesting accommodations, taking protected leave, or other protected acts. [Optional severance offer:] We are offering severance benefits in exchange for your signature on the attached Separation Agreement and Release. Please review carefully. [If 40+: You have 21 days (or 45 days if group RIF) to consider, and 7 days after signing to revoke.] We thank you for your contributions to [Company] and wish you the best in your next chapter. Sincerely, [HR Lead / Hiring Manager] [Title] [Company] --- **Required attachments** - [ ] Final paycheck or pay-stub (per state timing) - [ ] State separation pamphlet (CA EDD "For Your Benefit"; NY DOL "Record of Employment"; etc.) - [ ] COBRA / Cal-COBRA / state mini-COBRA Election Notice - [ ] HSA/FSA/401(k) packet - [ ] Equity grant post-termination exercise notice - [ ] (If applicable) Separation Agreement and Release with OWBPA/ADEA language ``` ## Output - Separation Agreement (when severance offered, age 40+) Use the OWBPA/ADEA-compliant scaffold from `/hr offboard` (which includes 21-day consideration, 7-day revocation, McLaren Macomb-narrowed non-disparagement, decisional-unit disclosure for group RIF, and statute-protected-claims carve-outs). ## Tips 1. **Confirm final-pay timing matches state** - CA same-day involuntary is non-negotiable. 2. **COBRA / mini-COBRA notice** - federal vs state route based on headcount. 3. **OWBPA windows for 40+** - 21 days consider / 7 days revoke / 45 days if group RIF. 4. **Do not terminate during pending complaint** without counsel. 5. **Visa employees** - coordinate with immigration counsel before termination. 6. **Do not contest UI** as a default - fighting routine claims can characterize the termination as retaliatory. ## Output Path Save the termination letter to a dated Markdown file in the workspace. ## Output footer (REQUIRED on every generated letter) End every termination letter (and separation agreement, if offered) with this block, verbatim: ``` --- **DRAFT - REVIEW REQUIRED** This termination letter was generated as a starting template. It has not been reviewed by employment counsel and may not comply with applicable law in your jurisdiction. Before delivering: 1. Verify final-pay timing matches state rule (CA same-day; MA same-day; etc.). 2. Verify COBRA / state mini-COBRA route (20+ EE federal; <20 state). 3. If employee 40+ and severance offered: verify OWBPA 21-day (or 45-day group) consideration + 7-day revocation + decisional-unit disclosure (if RIF). 4. Verify non-disparagement narrowed per McLaren Macomb (NLRB 2023). 5. Verify no active protected-activity complaint or pending leave (route to counsel). 6. Verify state separation pamphlet attached (CA EDD "For Your Benefit," etc.). 7. Verify visa/immigration coordination if H-1B/L-1/O-1. Generated by Wayland business-hr plugin. Templates only - not employment-law advice. ``` --- > _Templates only - not employment-law advice. Have HR counsel review every termination before delivery._