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 Mississippi (MS), 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. Mississippi 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, or for no reason at all, with some exceptions for illegal or discriminatory reasons. However, while not mandated by state law, providing a separation notice can be a best practice for employers, as it can be useful for record-keeping and can assist the former employee in applying for unemployment benefits. It can also serve as evidence in the event of a dispute over the terms of the separation. Employers in Mississippi should be aware of federal laws and any relevant local ordinances that may apply to the termination process. To ensure compliance with all applicable laws and to handle separation notices appropriately, employers may want to consult with an attorney.