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 the state of Washington (WA), 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, where specific forms are provided by the state's department of labor, Washington does not mandate such documentation as part of the separation process. However, employers in Washington must still comply with federal and state laws regarding unlawful termination, ensuring that they do not dismiss employees for illegal or discriminatory reasons (such as age, sex, race, religion, etc.). While a separation notice is not a legal requirement in Washington, it can still be a good practice for employers to document the reasons for an employee's departure, as it may be useful if unemployment benefits are claimed or in the event of a wrongful termination or discrimination lawsuit. Employers in Washington who have questions about the termination process or how to properly document an employee's separation are advised to consult with an attorney to ensure compliance with all applicable laws.