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 Missouri, there is no state statute that specifically requires employers to provide a written separation notice to employees when their employment ends, whether they are fired, laid off, or resign. Missouri follows the at-will employment doctrine, meaning that either the employer or the employee can terminate the employment relationship at any time, for any reason, or for no reason at all, as long as the termination does not violate specific legal protections (e.g., anti-discrimination laws). However, providing a separation notice can be a best practice for employers, as it can be useful if a former employee applies for unemployment benefits or in the event of a legal dispute regarding the termination. Employers in Missouri should be aware of the legal implications of termination and may benefit from consulting with an attorney when handling separations, especially to ensure compliance with federal laws and to avoid potential wrongful termination or discrimination claims.