Georgia Separation Notice Requirements
The Peach State
Employee separations are never easy, but they happen all the time. When they do, all eyes are on HR to complete the administrative work, mitigate risk, and make sure the exit experience is positive.
In Georgia, an important step in the employee separation process is the Separation Notice. Georgia requires employers to send a Separation Notice to EVERY exiting employee, regardless of whether the separation was voluntary or involuntary. The Separation Notice informs the Department of Labor whether the employee qualifies for unemployment benefits.
Key Forms
Individual Separation Notice - DOL 800
At the time of separation, employers are required to provide the employee with this Individual Separation Notice, properly executed, giving the reasons for separation — as long as the separation is not part of a Mass Separation.
Mass Separation Notice Instructions - DOL-402i
This document provides instructions on how to submit Mass Separation Notice DOL-402 and Mass Separation Notice Continuation Sheet DOL-402A. A Mass Separation occurs when the separation includes 25 or more employees from the same location, on the same day, and for the same business reason.
Mass Separation Notice - DOL 402
Employers use this Mass Separation Notice form to communicate details of the mass separation to the Georgia Department of Labor.
Mass Separation Notice - Continuation Sheet - DOL 402A
The employer completes this form in conjunction with DOL 402. This form informs the Georgia Department of Labor which employees were part of the Mass Separation. Note that a separate list should be completed for each set of employees who are separated on different days or for different reasons.
Frequently Asked Questions
What is a Separation Notice?
A Separation Notice is a state-approved form that the employer sends to the employee upon termination. Not all states require a separation notice. However, the Georgia Department of Labor requires employers to send a Separation Notice (Separation Notice - Individual - DOL 800) to all employees when their employment relationship ends, regardless of the reason.
When employees want to file a claim for unemployment insurance benefits, they will take the employer-provided Separation Notice to the Department of Labor field office. The information provided by the employer on the Separation Notice informs the Department of Labor whether the employee qualifies for unemployment benefits.
Is the employer required to send a Separation Notice to every employee upon termination?
Yes. As long as the separation is not part of a Mass Separation, Georgia employers are required to provide each departing employee with a state-approved separation notice when the employment contract ends.
If the employee resigns or retires, is the employer still required to send a Separation Notice to the employee?
Yes, same as above. As long as the separation is not part of a Mass Separation, Georgia employers are required to provide each departing employee with a state-approved separation notice when their employment contract ends.
When should the employer send the Separation Notice to the employee?
Ideally, the employer provides the Separation Notice to the employee on the employee’s last day or at least within 3 days after the separation.
I just received a request for separation information from the Georgia Department of Labor. Why did I receive this notice and what should I do?
You received this notice because a former employee filed for unemployment benefits and the employee did not provide the Georgia Department of Labor with a completed Separation Notice. Under these circumstances, the employer should respond to the request for information by completing a DOL-800 for the separated employee.
What happens if the information on the Separation Notice form is not correct?
If an employer provides inaccurate information, the employer could be subject to a monetary penalty and/or imprisonment. In addition, even though most Georgia employees are employed at will and can be fired at any time with or without cause, an employee cannot be terminated for an illegal reason such as discrimination. Therefore, it is important to be thoughtful and honest when completing the Separation Notice.
What is a Mass Separation in Georgia?
A separation is considered a Mass Separation when it involves 25 or more employees from the same location, on the same day, and for the same business reason.
What is the Separation Notice process for a Mass Separation?
When a separation is considered a Mass Separation, the employer files the Mass Separation Notice forms directly with the Department of Labor instead of sending each employee an individual Separation Notice.
When should the employer file the Mass Separation Notice with the Georgia Department of Labor?
The Mass Separation Forms, including the list of workers, should be submitted to the Department of Labor within 48 hours after the date of separation. This ensures that claims are handled efficiently and may eliminate requests for additional information.
Does Georgia require Advance Notification of a Mass Separation or Layoff?
There is no Georgia law requiring advance notice of Mass Separations or layoffs. However, employers are encouraged to contact the Georgia Department of Labor in advance of a Mass Separation to take advantage of assistance available to workers who are involuntarily terminated.
Is a Separation Notice the same as a WARN Notice?
No. A Separation Notice is given to the employee on or near their last day of work whereas a Federal Worker Adjustment and Retraining Notification Act (WARN) Notice is provided 60 days in advance of the Mass Separation when the Mass Separation meets certain criteria to trigger WARN. For more information about WARN, read the following posts:
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