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 Nebraska, there is no specific state statute that 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, Nebraska employers are not obligated to follow this procedure. However, it is important to note that while Nebraska follows the at-will employment doctrine, employers are still prohibited from terminating employees for illegal or discriminatory reasons, such as age, sex, race, religion, and other protected characteristics. Employers in Nebraska should maintain accurate records of employment actions, as these can be critical in the event of unemployment claims or legal disputes over wrongful termination or discrimination. If an employer has any concerns about the legal implications of an employment separation, they should consult with an attorney to ensure compliance with all applicable laws and to protect their interests.