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 York, 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, New York State does not mandate the use of a one-page form document for this purpose. However, employers in New York must provide a written notice of termination to employees who are part of a mass layoff, plant closing, or relocation under the federal Worker Adjustment and Retraining Notification (WARN) Act, if applicable. Additionally, while New York is an at-will employment state, employers are prohibited from terminating employees for discriminatory reasons. Employers should maintain accurate records of the reasons for an employee's separation, as this information can be critical if a former employee files for unemployment benefits or brings a wrongful termination or discrimination claim. To ensure compliance with all relevant laws and to handle separation notices appropriately, employers may consider consulting with an attorney.