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 Illinois, there is no statutory requirement for employers to provide a written separation notice to employees when they are terminated, laid off, or resign. Unlike Georgia and Tennessee, where specific forms are provided by the state's department of labor, Illinois does not mandate such documentation as part of the separation process. However, employers in Illinois must still comply with federal laws and regulations regarding discrimination and wrongful termination. Employers cannot terminate employees for illegal or discriminatory reasons, such as age, sex, race, religion, etc. While a separation notice is not required by state law, it can still be a useful document for both parties. It may serve as evidence in unemployment benefit claims or in defending against wrongful termination or discrimination claims. Employers in Illinois should be aware of their obligations under federal and state law and may wish to consult with an attorney for guidance on best practices and to ensure compliance with all applicable laws when ending an employment relationship.