Wrongful Termination in Arkansas
What Is Wrongful Termination?
While an employer does have discretion over the hiring and firing of employees, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates Arkansas law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
The U.S. Bureau of Labor Statistics informs employees that a breach of contract is a notable exception to liability protections. If you have a written agreement or a company violates terms you received in writing, you can have a civil case to bring to a court in Arkansas.
Types Of Wrongful Termination
In , the landscape is rife with scenarios where wrongful termination rears its head. Sometimes, it’s simply a matter of employers being unaware of labor laws. But if you’re in doubt about the fairness of your dismissal, it’s always wise to seek legal counsel. Below, we’ll outline some telltale signs you should recognize.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. Arkansas state, federal, or local laws prohibit these reasons.
The Arkansas Constitution has made Arkansas what’s referred to as a right-to-work state. The purpose of this legislation is to prevent union membership from becoming necessary to gain or keep employment.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
Suppose you believe you have been penalized or fired in Arkansas for one of these discriminatory reasons listed above. In that case, you may be able to file a claim with the United States Equal Employment Opportunity Commission. Wrongful termination lawyers in Arkansas can walk you through the process to help ensure the best possible outcome.
Retaliation
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
The Arkansas Civil Rights Act of 1993 prevents anyone from retaliating against you for reporting lawbreaking. However, you don’t want to underestimate the possibility that this can still occur.
Some states also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated in Arkansas
Have you been wrongfully terminated? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact dedicated and qualified wrongful termination lawyers in Arkansas. Discuss your circumstances and the state laws your employer must follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
In general, workers with a complaint have just 180 days to get started. There are some cases where they will accept them within 300 days of the event.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced Arkansas wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Arkansas employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
Engaging an attorney streamlines this phase by aiding you in drafting the complaint. From there, the resolution process kicks off. It’s important to note that not all cases progress to court, as some employers opt for settlement agreements.
Arkansas has an EEOC district office in Little Rock at the time of writing. If you need to set an in-person appointment, they list their hours as 8:00 a.m. to 4:30 p.m.
Why You Should Hire a Wrongful Termination Lawyer
Filing a wrongful termination lawsuit in Arkansas can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to finally be heard also helps to ease the burden they’ve been carrying.
We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced Arkansas attorneys.
Our company does not charge for our service to you. Some Arkansas attorneys or practice areas may require legal fees upfront, but there are many that do not.
Are you ready to find a qualified Arkansas attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across Arkansas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with wrongful termination lawyers in Arkansas!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Has reading this article raised questions about a different sector of Arkansas law?