Wrongful Termination in Arkansas
What is a wrongful termination? Employees wrongfully terminated are those who lost their job because of illegal reasons. Wrongful termination in Arkansas can lead to a court case when a fired employee decides to pursue justice and compensation. Workers wrongfully fired from jobs must submit a claim and proper evidence to successfully win the court case against a former employer.
Workers wrongfully terminated from jobs in the past, must pinpoint the cause of action for the potential case. Unlawful termination in AR may be present if there was a discrimination or retaliation committed by your former employer. Although you may feel wrongfully fired, if your former employer did not break employment laws, you cannot pursue a claim. For information on what constitutes wrongful dismissal in Arkansas, examine the following sections:
Types of Illegal Termination in Arkansas
Many types of illegal firing can warrant the pursuit of a lawsuit. Some types of illegal terminations in Arkansas include discriminations based on race, sex, religion, ethnicity, veteran status or a disability. Other types of unlawful terminations occur when your employer attempts to fire you because you have claimed sexual harassment, unfair treatment or worker’s compensation.
If you have experienced one of these types of illegal termination of employment, you have right to file a lawsuit. Once you review the types of unlawful terminations from employment in AR, you can determine which type applies to your situation. This becomes your cause of action when you pursue further legal action against your former employer. The Federal government determines the types of illegal dismissal of employment to protect employees and, if committed by your former employer, you may be able to file a claim successfully.
Types of Legal Termination in Arkansas
There are types of legal firing in AR that can make you ineligible to file a claim against your former employer. The types of legal dismissal of employment include the ending of a contract, layoffs or a business closing. If you have experienced one of these types of legal termination in Arkansas, your dismissal was not against the law.
The aforementioned types of legal termination of employment disallow you to seek financial compensation or legal justice because the company did not break federal or state laws. If legal reasons for terminating employees in Arkansas were used in your dismissal, unfortunately, you cannot file a lawsuit for any financial or emotional damage caused.
At-Will Employment Exceptions in Arkansas
Is Arkansas an at will state? Although there are exceptions to at will employment recognized to protect employees, Arkansas is still an at-will employment state like the other states in the nation. There are at will employment exceptions in Arkansas that employers throughout the state must observe.
What is employment at will? At-will employment gives employers and employees the right to terminate their relationship at any time, for any legal reason. The three exceptions to at will employment are:
• Public-policy exception: Employer cannot dismiss employee if it interferes with a public policy.
• Implied-contract exception: Employer cannot fire employee if an implied contract is in place, even if it is not in writing.
• Covenant of good faith and fair dealing exception: Employer must practice fair treatment and cannot let employees go with malicious intent.
Note: The at will employment exceptions in Arkansas that the state acknowledges include the public-policy and implied-contract exceptions. The covenant of good faith and fair dealing exception is not currently recognized by the state.
File a Discrimination Charge with the Equal Employment Opportunity Commission in Arkansas
When researching how to file a charge of employment discrimination, you will find that a claim must first file with the Equal Employment Opportunity Commission (EEOC). You can file a wrongful termination discrimination charge by mail, online or by phone by contacting the local Little Rock branch. When filing a charge of discrimination in Arkansas, you must file the claim with the EEOC within 180 days of the discrimination, or 300 calendar days if the former employer committed age discrimination.
If you are looking into how to file an EEOC employment discrimination claim, remember that you will need to provide an explanation of your experience. Once received, the EEOC will determine if your termination was unlawful or if the case should close without investigation. If an investigation is in order, the EEOC may first recommend mediation between you and your former employer, which can take about three months to complete. An investigation without mediation can take an average of 10 months to complete. EEOC will reward you with the Notice of Right to Sue if a settlement is not successful.
File a Lawsuit Against Your Employer in Arkansas
Suing for wrongful termination in Arkansas is only available after EEOC attempt to settle the claim and you received the Notice of Right to Sue. Before filing a wrongful termination claim against employers, you will need to first identify the cause of action for your claim. When employees file lawsuit against employers for wrongful termination, they must prove the former employer broke a discriminatory or retaliatory law through detailed evidence, such as witness testimonials and documentation.
If you are wondering, “Can I file a lawsuit for wrongful termination and be successfully awarded compensation?” you should consider contacting an attorney to discuss the specifics of your case. Researching how to file a wrongful termination lawsuit on your own can be confusing and overwhelming. When you file a lawsuit against your employer in Arkansas, hiring a lawyer to support your case and help you to organize evidence can contribute to the success of your lawsuit.