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 Arkansas, there is no specific state statute that requires employers to provide a written separation notice to employees when their employment ends, whether due to termination, layoff, or resignation. Unlike Georgia and Tennessee, Arkansas does not have a one-page form or similar document that employers are mandated to use for this purpose. However, it is important for employers to be aware that while Arkansas follows the at-will employment doctrine, they are still prohibited from terminating employees for illegal or discriminatory reasons, such as age, sex, race, religion, etc. Employers in Arkansas should maintain accurate records of employment terminations and the reasons for them, as this information can be crucial when a former employee applies for unemployment benefits or if there is a claim of wrongful termination or discrimination. Employers uncertain about the implications of employment separation or the documentation they should maintain may benefit from consulting with an attorney to ensure compliance with all applicable laws and to protect against potential legal claims.