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 Colorado, there is no statutory requirement for employers to provide a written separation notice to employees when their employment ends, regardless of whether the termination is due to firing, layoff, or resignation. Colorado follows the at-will employment doctrine, meaning that either the employer or the employee can terminate the employment relationship at any time, with or without cause or notice, as long as the termination does not violate any laws, such as those prohibiting discrimination based on protected characteristics (age, sex, race, religion, etc.). However, while not required by state law, some employers may choose to provide a separation notice for their own records or to clarify the circumstances of the separation, especially when the former employee is applying for unemployment benefits or in cases where there may be a dispute regarding the termination. Employers in Colorado should still be aware of the legal implications of terminations and may want to consult with an attorney to ensure compliance with all applicable laws and to handle any issues that may arise from the termination of employment.