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 Delaware, employers are not mandated by state law to provide a written separation notice to employees when their employment ends, regardless of whether the termination is due to firing, layoff, or resignation. Unlike Georgia and Tennessee, where specific forms are provided by the state's department of labor, Delaware does not have such a requirement. However, it is important for employers to maintain accurate records of employment terminations, as this information can be crucial when a former employee applies for unemployment benefits or in the event of a legal dispute regarding wrongful termination or discrimination claims. Since employment in Delaware is generally at-will, employers are prohibited from terminating employees for illegal or discriminatory reasons. Employers in Delaware should still be aware of their obligations under federal and state employment laws and may wish to consult with an attorney to ensure compliance and proper handling of termination procedures.