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 Kansas, 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. Unlike Georgia and Tennessee, where such notices are mandated, Kansas employers are not obligated to follow this procedure. However, it is important to note that while Kansas does not have this requirement, employers must still comply with federal laws and regulations regarding termination and discrimination. Employers cannot terminate employees for illegal or discriminatory reasons, such as age, sex, race, religion, etc. Given the complexities of employment law, employers in Kansas may still want to consult with an attorney when dealing with separations to ensure compliance with all applicable laws and to properly handle any issues that may arise, such as unemployment benefit claims or wrongful termination allegations.