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90 Day Termination Letter for the United States

90 Day Termination Letter Template for United States

A 90 Day Termination Letter is a formal document used in the United States to notify an employee of the termination of their employment with a 90-day notice period. This document complies with U.S. federal and state employment laws, including the WARN Act where applicable, and outlines the terms of separation, including final compensation, benefits continuation, and transition responsibilities. It serves as official documentation of the employment termination process and helps ensure legal compliance while maintaining professional standards.

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90 Day Termination Letter

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What is a 90 Day Termination Letter?

The 90 Day Termination Letter is a crucial document in U.S. employment law, particularly for senior positions or when required by employment agreements. This document is typically used when extended notice periods are contractually required or when significant transition periods are necessary. The letter ensures compliance with federal and state employment laws while providing sufficient time for knowledge transfer and succession planning. It includes essential information about the termination date, final compensation, benefit continuation, and transition responsibilities. The 90-day notice period allows both employer and employee to properly prepare for the separation, including arranging for replacement hiring and completing ongoing projects.

What sections should be included in a 90 Day Termination Letter?

1. Date and Address Block: Current date and employee's full contact information

2. Notice of Termination: Clear statement of employment termination with effective date

3. Reason for Termination: Brief explanation of termination reason (if applicable)

4. Notice Period: Confirmation of 90-day notice period and last working day

5. Final Pay Information: Details about final salary, benefits, and outstanding payments

What sections are optional to include in a 90 Day Termination Letter?

1. Transition Plan: Details of handover responsibilities, used when role requires knowledge transfer

2. Severance Package: If applicable, details of any severance benefits offered

3. Non-Compete Reminder: If applicable, reminder of existing non-compete obligations

4. Reference Provision: Information about company policy on providing references

What schedules should be included in a 90 Day Termination Letter?

1. Benefits Summary: Summary of benefit continuation options and COBRA information

2. Final Checklist: List of items to be returned and tasks to be completed before departure

3. Release Agreement: If severance is offered, may include a release of claims agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Clauses




















Industries

WARN Act: Federal Worker Adjustment and Retraining Notification Act - requires employers to provide advance notice of qualified plant closings and mass layoffs

Title VII Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, and national origin

ADEA: Age Discrimination in Employment Act - protects workers 40 and older from employment discrimination

ADA: Americans with Disabilities Act - prohibits discrimination against individuals with disabilities in the workplace

FMLA: Family and Medical Leave Act - provides eligible employees with job-protected leave for qualified medical and family reasons

State WARN Acts: State-specific versions of WARN Act that may have additional or more stringent requirements than federal law

State Termination Laws: State-specific laws governing employment termination procedures and requirements

Final Paycheck Laws: State-specific requirements for timing and method of delivering final paycheck to terminated employees

Employment Agreement: Existing employment contract terms that may affect termination procedures and notice periods

Collective Bargaining: Union agreements that may contain specific requirements for employee termination

Company Policies: Internal company procedures and policies regarding termination processes

Non-Compete Agreements: Existing restrictions on post-employment competition that need to be referenced in termination

Confidentiality Agreements: Ongoing obligations regarding company confidential information post-termination

COBRA Requirements: Continuation of health coverage notification requirements under Consolidated Omnibus Budget Reconciliation Act

Benefits Continuation: Requirements and procedures for continuation or termination of employee benefits

Severance Policy: Company policies regarding severance pay and related benefits

Unemployment Insurance: Information regarding state unemployment insurance benefits and procedures

Company Property: Procedures for return of company property including equipment, documents, and access credentials

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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