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Can I fire employees for reasons other than poor performance in Arkansas? What are the requirements?

Yes, you can fire employees for reasons other than poor performance in Arkansas, but there are certain requirements that must be met.

Reasons for Termination

Arkansas law allows for termination of employees for various reasons, including but not limited to:

  • Falsifying employment application [2.1]
  • Violating the employer’s disciplinary policy [3.1]
  • Engaging in conduct that violates the employer’s policies or is otherwise detrimental to the employer’s interests
  • Engaging in criminal activity that is related to the employee’s job duties or that reflects negatively on the employer
  • Failing to meet job requirements or expectations

Requirements for Termination

When terminating an employee in Arkansas, employers must ensure that they are not violating any state or federal laws, including anti-discrimination laws. Additionally, certain employees may have protections in place, such as civil service employees who cannot be discharged, reduced in rank or compensation, or suspended for three (3) or more days without being notified in writing of the discharge, reduction in rank or compensation, or the suspension for three (3) or more days and its cause [4.1].

If an employee is terminated for reasons related to their whistleblowing activities, they may have additional protections under the Arkansas Whistle-Blower Act [3.1].

It is important for employers to have clear policies and procedures in place for termination and to follow them consistently to avoid potential legal issues.

[2.1]: ARCO 21-12-102 [3.1]: ARCO 21-1-702 [4.1]: Civil Service Commission Rules and Regulations, Rule 9.

Source(s):
Jurisdiction

Arkansas