When is a Job Termination Considered Wrongful in Arkansas?
In Arkansas, most employment is considered "at will". This type of employment follows the principle that either the employer or the employee may terminate the relationship at any time, for any reason. The only exception to "at-will" employment is that the employment may not be terminated in a manner that violates the law.
It is important that you find out what type of employment your work is classified as, because employment that is not considered to be "at will" is subject to different restrictions. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract provisions.
What are the Illegal Grounds for Terminating At Will Employment in Arkansas?
The most common illegal ground for terminating a Arkansas employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. Employers in Fayetteville may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
Furthermore, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Finally, employers are prevented from firing an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.
Do I Need a Arkansas Attorney for My Wrongful Termination Case?
A local Fayetteville, Arkansas attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
