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 West Virginia, there is no specific state statute that requires employers to provide a written separation notice to employees when their employment ends, whether they are fired, laid off, or resign. West Virginia follows the at-will employment doctrine, meaning that either the employer or the employee can terminate the employment relationship at any time for any legal reason, or for no reason at all, without prior notice. However, employers must be cautious not to terminate employees for illegal or discriminatory reasons. While a separation notice is not mandated by West Virginia state law, it can still be a useful document for both parties. It can help a former employee when applying for unemployment benefits and can serve as evidence for employers in the event of a wrongful termination or discrimination claim. Employers in West Virginia may choose to provide such notices as a best practice or may be required to do so by company policy or federal law in certain circumstances, such as mass layoffs under the WARN Act. Employers unsure about the implications of issuing separation notices or the legal requirements surrounding terminations should consult with an attorney.