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 South Carolina, there is no state statute that specifically requires employers to provide a written separation notice to employees when their employment ends, whether they are fired, laid off, or resign. Unlike Georgia and Tennessee, South Carolina does not have a one-page form or similar document for this purpose available through its Department of Labor. However, employers in South Carolina must still comply with federal laws and regulations regarding termination and discrimination. It is important to note that while South Carolina operates under the at-will employment doctrine, employers cannot terminate employees for illegal or discriminatory reasons. Given the complexities of employment law and the potential consequences of wrongful termination or discrimination claims, employers in South Carolina may benefit from consulting with an attorney when dealing with employment separations and related legal matters.