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 Florida, there is no state statute that requires employers to provide a written separation notice to employees when their employment ends, regardless of whether the termination is due to firing, layoffs, or resignation. Florida follows the at-will employment doctrine, meaning that either the employer or the employee can terminate the employment relationship at any time without notice and for any reason that is not illegal or discriminatory. However, while Florida law does not mandate separation notices, employers may still choose to provide them for clarity or to maintain best practices in human resources. It is also important for employers to be aware that they cannot terminate an employee for illegal or discriminatory reasons, as this could lead to wrongful termination or discrimination claims. Employers in Florida may want to consult with an attorney to ensure compliance with all applicable laws when terminating an employee and to understand the implications of providing or not providing a separation notice.