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 Minnesota, there is no statutory requirement for employers to provide a written separation notice to employees when their employment ends, whether due to termination, layoff, or resignation. Minnesota 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, while not mandated by state law, providing a separation notice can be a best practice for employers to document the reasons for an employee's departure. This documentation can be important if a former employee applies for unemployment benefits or if there is a subsequent legal dispute regarding wrongful termination or discrimination. Employers in Minnesota who are considering issuing separation notices or who have questions about the legal implications of terminating an employee may benefit from consulting with an attorney to ensure compliance with all applicable laws and to protect against potential legal claims.