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 New Hampshire, 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 states such as Georgia and Tennessee, where a separation notice is mandated, New Hampshire employers are not obligated to follow this procedure. However, employers must still comply with federal laws and regulations regarding termination and discrimination. It is important to note that while New Hampshire operates under at-will employment, employers cannot terminate employees for illegal or discriminatory reasons. Given the complexities surrounding termination and potential legal claims, employers in New Hampshire may benefit from consulting with an attorney when dealing with issues related to the end of an employee's employment, including the provision of separation information that may be relevant for unemployment benefits or in defense against wrongful termination or discrimination claims.