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 Mexico, 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, resignation, or layoff. Unlike Georgia and Tennessee, New Mexico does not have a one-page form or similar document for this purpose available through the state's Department of Labor. However, employers in New Mexico must still comply with federal laws and regulations regarding employment termination and discrimination. It is important for employers to avoid termination for illegal or discriminatory reasons, as this could lead to wrongful termination or discrimination claims. While a separation notice is not mandated by New Mexico state law, it can still be a good practice to provide one for clarity and documentation purposes. Employers in New Mexico may want to consult with an attorney to ensure they are following best practices and to receive guidance on any documentation they choose to provide to departing employees, especially in complex situations or when facing potential legal claims.