At-Will Employment - Arkansas

Summary of differences between federal and state regulations

The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.

Arkansas has no state laws governing at-will employment. However, the Arkansas Supreme Court has approvingly quoted from a United States District Court opinion that outlined four general exceptions to the employment-at-will doctrine:

Arkansas law would recognize at least four exceptions to the at-will doctrine, excluding implied contracts and estoppel. These are:

1. Cases in which the employee is discharged for refusing to violate a criminal statute;
2. Cases in which the employee is discharged for exercising a statutory right;
3. Cases in which the employee is discharged for complying with a statutory duty; and
4. Cases in which employees are discharged in violation of the general public policy of the state.

In addition, the Arkansas Supreme Court has modified the employment-at-will doctrine to provide that where an at-will employee relies on a personnel manual or employment agreement that expressly states that he or she cannot be discharged except for cause, the employee may not be arbitrarily discharged in violation of such a provision.

State

Contact

Arkansas Department of Labor

Regulations

None.

Federal

Contacts

None.

Regulations

None.