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 Jersey, there is no statutory requirement for employers to provide a written separation notice to employees when they are terminated, laid off, or resign. Unlike Georgia and Tennessee, where specific forms are provided by the state's Department of Labor, New Jersey does not mandate such documentation as part of the separation process. However, employers in New Jersey must still comply with all applicable federal and state anti-discrimination laws, ensuring that terminations do not occur for illegal or discriminatory reasons. While a separation notice is not required by state law, it can still be a good practice for employers to document the reasons for an employee's departure, as this documentation can be useful if a former employee files for unemployment benefits or makes a claim of wrongful termination or discrimination. Employers in New Jersey may want to consult with an attorney to ensure that their termination procedures and any voluntary separation notices are compliant with all relevant laws and do not inadvertently expose them to legal liability.