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 Michigan, there is no statutory requirement for employers to provide a written separation notice to employees when their employment ends, regardless of whether the termination is due to firing, layoff, or resignation. Unlike Georgia and Tennessee, Michigan does not have a specific form or document mandated by the state for this purpose. However, employers must still comply with federal laws and regulations regarding discrimination and wrongful termination. Employers cannot terminate employees for illegal or discriminatory reasons, such as age, sex, race, religion, etc. While a separation notice is not required by Michigan state law, it can still be a good practice for employers to provide documentation outlining the reasons for an employee's separation, especially for record-keeping and in the event of a dispute. Employers in Michigan who have questions about best practices or who are facing a request for a separation notice may benefit from consulting with an attorney to ensure compliance with all applicable laws and to protect against potential legal claims.