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 Idaho, there is no specific statutory requirement for employers to provide a written separation notice to employees when their employment ends, whether due to termination, layoff, or resignation. Idaho follows the at-will employment doctrine, meaning that either the employer or the employee can end the employment relationship at any time, for any reason, as long as it is not for an illegal or discriminatory reason. However, employers in Idaho should still be cautious when terminating employees and ensure that they are not violating any federal laws or engaging in discriminatory practices based on age, sex, race, religion, etc. While a separation notice is not mandated by Idaho state law, it can still be a good practice to provide one as it may be relevant for unemployment benefits claims or in defending against wrongful termination or discrimination claims. Employers in Idaho may want to consult with an attorney to ensure compliance with all applicable laws and to receive guidance on best practices for documenting the end of an employment relationship.