Can this resolution be signed electronically?

Yes. Under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, electronic signatures are valid for most employment decisions, provided intent and consent are documented and the record is retained.

Is notarization required?

Not usually. Most employment terminations do not require notarization; however, specific severance releases or state statutes may require notarization in rare cases.

How long must we retain the executed document?

Retain per applicable standards: at least 3 years for tax and employment records, 6 years for HIPAA-related documents when applicable; consult retention timeline and legal counsel.

Who should receive copies after signing?

Provide executed copies to the employee, payroll, benefits administrator, HR personnel file, and legal counsel as needed for compliance and audit trails.

What if the employee refuses to sign?

Document the refusal in writing, deliver a copy of the resolution to the employee, and proceed with internal processes while preserving evidence of attempted execution.

How do I correct an error after signing?

Prepare an amendment or corrected resolution, obtain authorizing signatures, and keep both the original and the corrected record with an explanation of the change.

Electronic Signature
Templates
HR
Employee Termination Resolution

Employee Termination Resolution

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYEE TERMINATION RESOLUTION

Company Name: Meeting Date:

RECITALS

WHEREAS, the Board of Directors or authorized officer of the Company has reviewed the employment status and performance of the employee identified below; and

WHEREAS, the Company finds it necessary and in the best interests of the Company to terminate the employment relationship with the employee effective as set forth in this Resolution;

EMPLOYEE IDENTIFICATION AND POSITION

Employee Full Legal Name Employee Address Phone Email Job Title Department Reporting Manager

Employment Start Date: Employment End / Termination Effective Date:

Base Salary / Rate

RESOLUTION — GROUNDS FOR TERMINATION

The Board or authorized officer hereby resolves that the employment of the employee identified above shall be terminated for the reason(s) checked below and on the terms set forth in this Resolution.

Termination Reason(s) Unsatisfactory performance Misconduct or violation of company policy Position eliminated / reduction in force Mutual agreement / resignation in lieu of termination Other (specify below) If Other, describe

COMPENSATION, BENEFITS AND SEPARATION TERMS

Final paycheck including wages through the termination date, any earned commissions, and payment for accrued but unused paid time off shall be made on or before:

Accrued Paid Time Off (PTO) Payout Amount Severance Provided Yes — defined below No If Severance Offered, specify amount and payment terms

Continuation of group health benefits to be provided: . Any cost-sharing or employee contribution obligations:

RETURN OF COMPANY PROPERTY AND ACCESS

Employee shall return all Company property on or before the termination date, including but not limited to keys, identification badges, laptops, mobile devices, files, customer lists, and proprietary information.

List of Company Property to be Returned

CONFIDENTIALITY, NON-DISPARAGEMENT AND RELEASE

Employee acknowledges continuing obligations regarding confidential information and trade secrets, and agrees not to disclose or use confidential materials after separation except as required by law. Both parties agree to refrain from false or disparaging statements concerning the other party to third parties.

Release Required in Exchange for Severance Yes — a written release and waiver must be executed by the employee as a condition of severance payment No

NOTIFICATIONS, ADMINISTRATIVE ACTIONS AND RECORDS

The Human Resources Department is authorized to take all necessary administrative actions to effectuate this Resolution, including processing final pay, benefits termination, and notification to payroll, IT, and benefits administrators.

Administrative Notices (check all that apply) Notify Payroll Notify Benefits Administrator Disable system access / Notify IT Recover physical access credentials / Security Notify Legal Department

PERSONNEL RECORDS, EMPLOYMENT HISTORY, EDUCATION, REFERENCES

The following information is provided for the employee's personnel file and for use in separation processing.

Employment History (Most Recent Employer)

Employer Name Job Title

Dates Employed: From To

Primary Responsibilities Reason for Leaving

Employment History (Prior Employer)

Employer Name Job Title

Dates Employed: From To

Primary Responsibilities Reason for Leaving

EDUCATION

Highest Degree or Certification Institution

Graduation Date:

REFERENCES

Provide three professional references for personnel file purposes.

Reference 1 — Name Phone / Email / Relationship Reference 2 — Name Phone / Email / Relationship Reference 3 — Name Phone / Email / Relationship

LEGAL DISCLOSURES

At-Will Employment: Unless otherwise provided in a separate written agreement signed by an authorized officer of the Company, employment is at-will and may be terminated by the Company or the employee at any time, with or without cause or prior notice.

Equal Opportunity: The Company is an equal opportunity employer. Termination decisions shall not be based on protected characteristics and shall be applied in accordance with applicable anti-discrimination laws.

EMPLOYEE CERTIFICATION AND AUTHORIZATIONS

I certify that the information contained in this form is true and accurate to the best of my knowledge. I acknowledge receipt of this Resolution and the terms described herein and understand that execution of any release may be required as set forth above.

I acknowledge receipt of the Employee Termination Resolution and the separation terms described above. I authorize the Company to contact prior employers and references as necessary for separation processing and verification of employment history. I authorize the Company to conduct any lawful background checks required by Company policy as part of separation administration.

Additional Comments or Instructions:

Employee:

By:

Date:

Company Representative:

By:

Date:

What an Employee Termination Resolution Is

An Employee Termination Resolution is a formal written decision by an employer or governing body documenting the termination of an employee’s employment relationship. It records the effective date, reason for termination, any severance or final pay terms, return-of-property requirements, and post-employment obligations such as confidentiality or noncompete clauses. The resolution serves as an internal record and, when executed, may be shared with payroll, benefits, and legal teams to trigger administration and compliance steps.

Why a Clear Resolution Matters

A properly drafted Employee Termination Resolution creates a consistent record that supports payroll accuracy, legal defensibility, and internal auditability while clarifying post-employment obligations for the separated employee under ESIGN and state record rules.

Who typically prepares and reviews this resolution

These stakeholders commonly create, approve, or receive the resolution during separation processing.

HR managers and HR operations teams who prepare personnel records, calculate final pay, and coordinate benefits termination.
In-house or outside legal counsel who review termination reasons, severance terms, release language, and regulatory exposure.
Payroll and benefits administrators who apply the resolution to final paycheck, COBRA, retirement, and insurance processes.

Coordinate signatures and routing so each recipient has the executed record needed to complete downstream tasks.

Core elements to include in a professional resolution

A complete Employee Termination Resolution should be concise but comprehensive so it can be used for payroll, benefits, and legal recordkeeping.

Resolution Title

A clear heading identifying the document as an Employee Termination Resolution and the employing entity.

Parties

Full legal name of the employer and the employee, including job title and employee ID where applicable.

Effective Date

The MM/DD/YYYY date when employment ends and any effective time for benefits or pay changes.

Grounds / Reason

A neutral factual statement of the reason for termination (e.g., position elimination, resignation acceptance, cause) without unnecessary detail.

Final Compensation

Details on final wages, accrued PTO payout, severance, deductions, and timing of final paycheck.

Signatures & Routing

Signature blocks for authorized signers, dates, and distribution list for payroll, benefits, and personnel file.

Step-by-step: completing and executing the resolution

Follow these sequential steps to prepare, approve, and distribute a completed Employee Termination Resolution with minimal administrative friction.

01

Draft: Prepare the resolution including all core elements, effective date, and final pay terms.
02

Review: Have HR and legal review for compliance, release language, and statutory notice obligations.
03

Authorize: Obtain signatures from the designated approving officers or board members as required.
04

Distribute: Send executed copies to payroll, benefits, personnel file, and the separated employee.

Configuring an online resolution workflow

Set up a repeatable template and routing rules so each termination follows the same approval and distribution path.

Field	Configuration
Template	Create a reusable template with locked core fields and editable notes for each case.
Signer Order	Define mandatory signer sequence (HR → Legal → Exec) to ensure approvals occur in order.
Authentication	Select signer verification (email + SMS code or SSO) based on sensitivity and policy.
Notifications	Enable automated copies to payroll, benefits, and retention storage after completion.

Where to send the completed resolution

After execution, route the resolution to the internal teams and the employee to complete downstream tasks and preserve evidence of the action.

Employee Copy: Provide the separated employee with an executed copy for their records and to document final pay terms.
Payroll: Send to payroll to process final wages, accrued PTO, and necessary tax forms.
Benefits: Notify benefits administration for continuation or termination of coverage and COBRA notices.
Personnel File: Store the signed resolution in the employee’s official personnel file and retention system.

Digital delivery and signing considerations

Choose signing and delivery methods that meet authentication and retention requirements.

File Formats: PDF or DOCX; prefer locked PDF for final execution to prevent post-signature edits.
Authentication: Email plus SMS or SSO for internal signers; stronger methods (KBA, ID verification) for high-risk cases.
Audit Trail: Ensure the platform captures IP, timestamp, and signer attribution for legal defensibility.

Ensure your chosen platform supports secure storage, export of the audit trail, and the retention schedule required by law.

Key calendar deadlines to observe

Certain administrative deadlines or statutory notices may apply depending on termination reason and jurisdiction; track these dates to avoid penalties.

Final Pay Timing:

State law varies; some states require final wages on termination day, others by next regular payday.

COBRA Notices:

Provide COBRA election notice within 14 days of employer notification to plan administrator under federal rules.

Unemployment Filing:

Employee may file for unemployment immediately; employer should respond promptly to claims to avoid default liability.

Record Retention:

Retain termination records per applicable retention schedule (see retention timeline).

Tax Reporting:

Ensure payroll reports (W-2, 1099 if applicable) reflect final pay per IRS and state requirements.

Typical processing milestones after a termination

These stages represent common administrative milestones from decision to closure of the personnel record.

01

Decision & Documentation

Document the termination rationale and prepare the resolution and any release language.

02

Internal Approvals

Obtain HR and legal approvals and any executive sign-off required by policy.

03

Execution

Collect required signatures and distribute executed copies to stakeholders.

04

Post-Execution Actions

Process final payroll, benefits notifications, retrieve company property, and update access controls.

Common mistakes to avoid

Incomplete effective dates or inconsistent dates across fields leading to payroll errors and disputes.
Vague termination reasons that increase legal risk or hinder unemployment claim responses.
Failing to follow required signer order or lacking authorized signatures under company policy.
Neglecting to preserve the audit trail and signed copy, undermining evidentiary value.

Consequences of errors or noncompliance

Wage Law Violations: Late or incorrect final pay may trigger state wage-and-hour penalties and interest.

Unemployment Liability: Insufficient documentation can increase employer liability in unemployment determinations.

Litigation Exposure: Poorly documented terminations raise risk of wrongful termination or discrimination claims.

Regulatory Noncompliance: Improper handling of health information or benefits may violate HIPAA or ERISA obligations.

Tax Reporting Errors: Inaccurate payroll reporting can lead to penalties under IRC §6721 and state tax rules.

Recordkeeping Failures: Failure to retain required records jeopardizes audit defense and regulatory compliance.

Who is authorized to sign

HR Director

The HR Director or delegated HR manager typically signs to authenticate administrative details and confirm compliance with company separation policies. Their signature certifies final pay calculations and benefits notifications have been processed.

General Counsel

Company legal counsel or an authorized officer signs where legal review, release language, or severance terms require legal attestation. Their signature confirms the resolution aligns with statutory and contractual obligations.

Comparison: eSignature vendors for executing termination resolutions

Select a vendor that supports required authentication, audit trails, and retention. The table compares starting price and feature availability; signNow is listed first per platform conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day trial	Varies	Varies	Varies	Varies
Bulk Send	Yes (Premium)	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA)	Yes (BAA often available)	Yes	Varies	Varies
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Frequently asked questions about termination resolutions

Answers to common questions about completing, signing, and storing an Employee Termination Resolution.

Need help? Contact support

Can this resolution be signed electronically?
Yes. Under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, electronic signatures are valid for most employment decisions, provided intent and consent are documented and the record is retained.
Is notarization required?
Not usually. Most employment terminations do not require notarization; however, specific severance releases or state statutes may require notarization in rare cases.
How long must we retain the executed document?
Retain per applicable standards: at least 3 years for tax and employment records, 6 years for HIPAA-related documents when applicable; consult retention timeline and legal counsel.
Who should receive copies after signing?
Provide executed copies to the employee, payroll, benefits administrator, HR personnel file, and legal counsel as needed for compliance and audit trails.
What if the employee refuses to sign?
Document the refusal in writing, deliver a copy of the resolution to the employee, and proceed with internal processes while preserving evidence of attempted execution.
How do I correct an error after signing?
Prepare an amendment or corrected resolution, obtain authorizing signatures, and keep both the original and the corrected record with an explanation of the change.

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