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 Hawaii, there is no specific state statute that requires employers to provide a written separation notice to employees when their employment ends, whether due to termination, layoff, or resignation. Unlike Georgia and Tennessee, where such notices are mandated, Hawaii employers are not obligated to follow this procedure. However, it is important for employers to be aware that the termination of employment must not be for illegal or discriminatory reasons, as federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act prohibit discrimination based on race, color, religion, sex, national origin, disability, and age. While a separation notice is not a requirement in Hawaii, maintaining clear documentation regarding the termination of employment can be beneficial for both the employer and the employee, especially in the event of disputes or when applying for unemployment benefits. Employers in Hawaii may still choose to provide such notices for clarity or to maintain best practices in human resources. An attorney can provide guidance on best practices for termination procedures and documentation to minimize legal risks.