In some states (such as Georgia and Tennessee) an employer is required to provide an employee with a written separation notice when the employee’s employment ends—whether the employee is fired, laid off, or quits. In states in which a separation notice is required, it is often a one-page form document that is available on the state’s department of labor website.
A separation notice may be relevant when a former employee is applying for unemployment benefits or when a former employer is defending against a wrongful termination or discrimination claim. Although the employment of most employees in most states is at-will, an employer cannot fire or terminate an employee for an illegal or discriminatory reason (age, sex, race, religion, etc.).
For these reasons an employer should be familiar with the applicable law and may want to consult a lawyer when completing a separation notice or responding to a request for a separation notice.
In the state of Alabama, there is no statutory requirement for employers to provide a written separation notice to employees when their employment ends, whether due to termination, resignation, or layoff. Alabama follows the at-will employment doctrine, meaning that either the employer or the employee can end the employment relationship at any time without cause. However, as in all states, an employer in Alabama is prohibited from terminating an employee for illegal or discriminatory reasons. While a separation notice is not mandated by state law, it can still be a useful document for both parties. It can help a former employee when applying for unemployment benefits and can serve as evidence for employers in the event of a wrongful termination or discrimination claim. Employers in Alabama may choose to provide a separation notice for these reasons and should consider consulting with an attorney to ensure that any separation notice they do provide is completed accurately and complies with all relevant laws.