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 Pennsylvania, there is no statutory requirement for employers to provide a written separation notice to employees when their employment ends, regardless of whether the termination is due to firing, layoff, or resignation. Pennsylvania follows the at-will employment doctrine, meaning that either the employer or the employee can terminate the employment relationship at any time for any reason that is not illegal or discriminatory. However, while not mandated by state law, employers may choose to provide a separation notice for clarity or to maintain good HR practices. This document can be useful for the employee when applying for unemployment benefits or in legal matters such as wrongful termination or discrimination claims. Employers in Pennsylvania should still be aware of the legal implications of terminations and may want to consult with an attorney to ensure compliance with all applicable laws, including federal anti-discrimination statutes and any relevant local ordinances.