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 Louisiana (LA), there is no state statute that specifically 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, Louisiana employers are not obligated to follow this practice. However, it is important to note that while Louisiana follows the at-will employment doctrine, employers are still prohibited from terminating employees for illegal or discriminatory reasons, such as age, sex, race, religion, etc. Despite the lack of a statutory requirement for separation notices, it can be beneficial for both parties to have clear documentation regarding the end of employment. This documentation can be relevant for unemployment benefits claims or in defense against wrongful termination or discrimination allegations. Employers in Louisiana may still choose to provide a separation notice for clarity and record-keeping purposes, and they should consult with an attorney to ensure compliance with all applicable employment laws and to handle any complexities that may arise during the separation process.