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 Georgia, employers are required to provide a written separation notice to employees when their employment ends, regardless of whether the termination is due to being fired, laid off, or quitting. This notice is typically a one-page form that can be found on the Georgia Department of Labor's website. The separation notice is important for various reasons, including when a former employee is seeking unemployment benefits or if there is a dispute regarding wrongful termination or discrimination claims. While Georgia operates under at-will employment, which allows employers to terminate employment without cause, it is illegal to terminate employment for discriminatory reasons such as age, sex, race, religion, etc. Employers should be well-informed about the relevant laws and may consider consulting with an attorney when issuing a separation notice or when asked to provide one, to ensure compliance with legal requirements and to protect against potential legal claims.