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 Tennessee, employers are required to provide a written separation notice to employees when their employment ends, regardless of whether the employee was fired, laid off, or resigned. This requirement is mandated by the Tennessee Department of Labor and Workforce Development. The separation notice serves as an official record of the end of employment and includes information such as the date of separation and the reason for the separation. It is particularly important for employees who are seeking unemployment benefits, as it is a necessary document for the unemployment claims process. Additionally, the separation notice can be a critical piece of evidence in cases of wrongful termination or discrimination claims. Employers in Tennessee should ensure they are compliant with this regulation and may consider consulting with an attorney to properly complete and handle separation notices, especially in complex or contentious situations.