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 Dakota, 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, layoff, or resignation. South Dakota follows the at-will employment doctrine, meaning that either the employer or the employee can end the employment relationship at any time, for any reason, or for no reason at all, as long as it is not for an illegal or discriminatory reason. However, providing a separation notice can be a best practice for employers, as it may be useful if a former employee applies for unemployment benefits or if there is a dispute regarding the termination, such as a wrongful termination or discrimination claim. Employers in South Dakota should be aware of federal laws and any relevant local ordinances that may apply to their situation. To ensure compliance with all applicable laws and to handle separation notices appropriately, employers may want to consult with an attorney.