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 Rhode Island, 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, where such notices are mandated, Rhode Island employers are not obligated to follow this procedure. However, employers must comply with federal laws and regulations that prohibit termination for illegal or discriminatory reasons, such as age, sex, race, religion, etc. While a separation notice can be useful for unemployment claims or in defending against wrongful termination or discrimination claims, it is not a legal requirement in Rhode Island. Employers in Rhode Island should still be aware of their obligations under applicable employment laws and may wish to consult with an attorney for guidance on best practices and to ensure compliance with all legal requirements when ending an employment relationship.