Understanding Georgia’s employee separation process is the best way to fulfill your employer obligations and mitigate risk—but each state has its own employee termination laws.
This employee separation checklist and guide offers insight into Georgia’s final paycheck requirements, separation notices, severance agreements, reporting employee termination, and withdrawing registration to do business in the state.
Georgia Employee Separation Checklist
- Provide final paycheck
- Issue separation notice
- Execute severance agreement
- Report termination
- Withdraw registration to do business
1. Final Paycheck Requirements in Georgia
In Georgia, there are no set rules for the timing of final paychecks—however, it is considered best practice to ensure that departing employees receive their full earned wages promptly. Georgia employers are also not required to compensate for accrued unused vacation time, unless it is specified in the employee’s contract or the company’s policy.
It is advisable to create a final paycheck policy. For example, many states require final paychecks to be given on the next scheduled payday. Regardless of Georgia’s lack of timing regulations, failure to pay separated employees may result in civil penalties matching the unpaid wages. In some cases, it can result in criminal charges, including imprisonment.
2. Firing Employees in Georgia
It’s important to understand the rules surrounding firing employees in each state. Georgia is an at-will employment state, which means that both employer and employee are entitled to end employment for any reason—as long as it is not illegal.
All Georgia employees, regardless of the reason for separation, must be provided Form DOL-800 – Separation Notice on the employee’s last day of work. If this is not possible, it must be mailed to their last known address within three days.
3. Severance Agreements in Georgia
When employers issue claims releases, they must explicitly detail the claims being waived under both federal and state laws. For Georgia, this includes claims related to the Georgia Fair Employment Practices Act, Georgia Equal Employment for Persons with Disabilities Code, Georgia Equal Pay for Equal Work Act, Georgia Family Care Act, and Georgia’s minimum wage statutes. It’s important to ensure that any release of claims pertains only to those that arose before the agreement’s effective date, rather than any claims that might arise afterward.
Employers should also review relevant federal laws, particularly in light of recent NLRB decisions and General Counsel guidance. These decisions and guidance impose restrictions on the use of non-disparagement and confidentiality clauses in severance agreements.
4. Reporting Employee Termination in Georgia
If you have an employee with Income Withholding for Support Order (“IWO”), you must report the employee’s termination as soon as possible to the child support agency, court, or attorney that issued the IWO. To expedite the reporting, register for online reporting with the Federal Office of Child Support Enforcement here.
Alternatively, you may report an employee’s termination by completing the Notification of Employment Termination or Income Status section of the IWO. Then fax or mail it to the child support agency that issued it. You will need the following information:
- Employee Name
- Employee Case Identifier
- Last Known Home Address
- New Employer Address (if known)
- Date of Employee Separation
5. Withdraw Registration to do Business in Georgia
When an organization concludes its business activities in Georgia—for example, terminating its last employee in the state—it must file a withdrawal form with the Secretary of State. This requirement applies to For-Profit Corporations, Non-Profit Corporations, and Limited Liability Companies (LLCs). Each must submit a Certificate of Authority Withdrawal.
Stay Compliant with Georgia Employee Separation Requirements
Staying current with the requirements for a Georgia Employee Separation Agreement helps employers ensure regulatory compliance, honor employee rights, and mitigate risks.
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Looking for employee separation laws for a different state? Our interactive map makes it easy to find all employee termination requirements by state.
