90 Day Termination Notice Template for the United States

A 90 Day Termination Notice is a formal employment document that provides employees with three months' advance warning before their job ends. This extended notice period goes beyond typical termination requirements and is used in specific circumstances where federal law, state regulations, or employment contracts mandate longer notification periods.

When do you need this document?

You'll need a 90 Day Termination Notice when federal or state WARN Acts require advance notice for mass layoffs affecting 50 or more employees at a single site. Senior executives and key management positions often have contractual obligations requiring 90-day notice periods. Companies undergoing major restructuring, plant closures, or business relocations frequently must provide this extended notice to comply with state labor laws. Additionally, collective bargaining agreements may specify 90-day termination notice requirements for union employees.

Key legal considerations

The notice must clearly specify the termination date and reasons for separation to avoid potential wrongful termination claims. You should include detailed information about final compensation, unused vacation time, and continuation of benefits under COBRA. The document should address the return of company property, confidentiality obligations, and any non-compete restrictions that remain in effect. Consider including transition responsibilities and knowledge transfer expectations during the 90-day period. Ensure the notice complies with any existing employment contracts, severance agreements, or collective bargaining provisions that may affect termination procedures.

Legal requirements in United States

Federal WARN Act requirements mandate 60-day advance notice for mass layoffs, but many states have more stringent requirements extending to 90 days. California's WARN Act requires additional notifications and may extend notice periods for certain circumstances. New York's WARN Act includes specific provisions for hotel and food service workers requiring longer notice periods. You must ensure compliance with Title VII, ADEA, and ADA requirements to avoid discrimination claims during the termination process. State-specific labor laws may require additional documentation, specific notification methods, or extended notice periods beyond federal minimums. Always verify current state requirements, as labor laws frequently change and vary significantly between jurisdictions.