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 Maine (ME), there is no statutory requirement for employers to provide a written separation notice to employees when their employment ends, whether due to termination, resignation, or layoff. Maine follows the at-will employment doctrine, meaning that either the employer or the employee can end the employment relationship at any time without notice and for any reason that is not illegal or discriminatory. However, while Maine law does not mandate separation notices, employers may still choose to provide them for clarity or to maintain good HR practices. These documents can indeed be useful in the context of unemployment benefits claims or in defending against wrongful termination or discrimination claims. Employers in Maine should be aware of federal and state anti-discrimination laws that prohibit termination for discriminatory reasons. To ensure compliance with all relevant laws and to handle separation notices appropriately, employers may consider consulting with an attorney.