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 Virginia, 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. Virginia operates under the at-will employment doctrine, meaning that either the employer or the employee can terminate the employment relationship at any time, with or without cause or notice, as long as the termination does not violate federal or state discrimination laws or other employment regulations. However, employers in Virginia should still be cautious when terminating employees to ensure that the termination does not have discriminatory underpinnings or violate any other legal protections afforded to employees. While a separation notice is not mandated by Virginia state law, providing one can be a best practice for clarity and documentation purposes, especially when dealing with unemployment claims or potential legal disputes. Employers in Virginia may want to consult with an attorney to ensure compliance with all applicable laws when terminating an employee and to understand the implications of providing a separation notice voluntarily.