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 Arizona, there is no state statute that specifically requires employers to provide a written separation notice to employees when their employment ends, whether due to termination, layoff, or resignation. Unlike Georgia and Tennessee, where such notices are mandated, Arizona employers are not obligated to follow this procedure. However, it is important to note that while Arizona operates under at-will employment, employers are still prohibited from terminating employees for illegal or discriminatory reasons. Employers in Arizona should be aware of their obligations under federal and state anti-discrimination laws and may want to consult with an attorney when dealing with terminations or layoffs to ensure compliance with all applicable laws and to mitigate the risk of wrongful termination or discrimination claims. Additionally, while not required by state law, providing a separation notice can be a best practice for clarity and record-keeping, especially when a former employee is applying for unemployment benefits.