SAMPLE – At-will Dismissal
[Date]
[Name]
[Address]
Via [Hand Delivery / Certified Mail No._________]
Dear [Mr./Ms. Last Name]:
The purpose of this letter is to confirm our conversation of this date, wherein I advised you that
you were being terminated from your at-will position with the State of West Virginia in the
[agency/department name]. As you are aware, you serve in an at-will position, and may be
released from employment without cause. Therefore, your termination is effective
[immediately OR date - 15 calendar days after date of letter]. You will be paid for all annual
leave accrued and unused as of your last working day. [Final wages must be paid within
timeframes provided in the Wage Payment and Collection Act.]
If the agency wishes to offer an explanation, the following language is suggested:
Though it would suffice to say that your dismissal is based on my loss of confidence in
your ability to perform your duties (which is the case), I am compelled, for your benefit,
to articulate the reason for my loss of confidence, that being your [brief descriptive
statement of unacceptable conduct]. However, my providing you with the reasoning for
my decision to dismiss you should not be construed as vesting you with any property
interest in continued employment with the [agency/department name]. [Provide
details - Keep in mind that if the employee challenges the termination he or she must
prove that the employer violated substantial public policy in doing so. Providing
details may assist the employee in building a case.]
All property belonging to the State of West Virginia, which you have under your control or in
your personal possession, must be returned and delivered to the control of [name], [title],
immediately, or at a mutually agreed upon date, time, and location. Such property shall include,
but not be limited to: keys to any State offices, access cards, and identification cards. You are to
clear your office and desk of all personal effects by [time] today. You are not to enter the non-
public areas of the [agency/department name] offices without prior authorization from me or
an agent of my office.
For any questions you may have regarding any retirement rights or benefits, including your
eligibility for a retirement contribution refund, please contact the Consolidated Public
Retirement Board at (304) 558-3570. Relevant paperwork from this agency is enclosed.