Arkansas Wrongful Termination Lawyers Help Workers And Businesses
Addressing Accusations Of State And Federal Employment Law Violations
While Arkansas businesses largely have discretion to let employees go at any time, companies still find themselves defending against wrongful termination claims. These claims may be based on accusations of discrimination, retaliation or breach of contract. Workers bringing these claims need to understand the obstacles they may encounter. Businesses defending against these accusations are often faced with government action and legal liability. At James & Carter, PLC, our legal team has experience defending employers against a wide variety of discrimination and wrongful termination claims. We also help workers prove that they were fired unlawfully and deserve compensation under the law.
Employers Have Limited Rights To Terminate Employees
Arkansas is an “at-will” employment state. This means that employees can generally be fired for any reason or for no reason at all. Most workers in the state can be let go at any time. In return, they are free to stop working whenever they want.
On the other hand, federal law prevents workers from being discharged for discriminatory reasons, such as:
- Age
- Sex
- Religion
- Color
- Disability
- National origin
While a worker can be fired because an employer does not like the color of their shirt, they cannot be fired because the employer doesn’t like the color of their skin. We help clients on both sides of these cases as they attempt to show the true reason for termination.
Workers are also protected from being fired as retaliation for making a complaint of discrimination or participating in a discrimination investigation. Additionally, some workers have employment contracts promising job security. These contracts may be individually bargained for or part of a collective bargaining agreement (CBA) by a union. Our attorneys provide advice on wrongful termination to employees and organizations in Bentonville and throughout Arkansas.
Preventing Wrongful Termination Claims Before They Arise
In order to avoid wrongful termination claims, employers should be careful to document any behavior, actions or work performance that could lead to a later decision to terminate an employee. At the time of termination, they should clearly state the reason they are firing the worker. Any mention of the worker belonging to a protected class can be used against the employer.
Companies should follow the terms laid out in employment contracts and union CBAs. Contracts create rights for employees, and businesses can be held responsible for breaching these agreements. Our workplace discrimination lawyers can help you understand your rights under any contract.
Providing A Strong Defense Against EEOC Claims
When a former employee believes they have been fired for discriminatory reasons, their first step is usually to file a claim with the Equal Employment Opportunity Commission (EEOC). This government organization investigates claims and demands a serious and thorough response from employers. Our EEOC defense attorneys help businesses build a defense and draft a “position statement” that explains your company’s actions and shows your side of the story. We have extensive experience dealing with the EEOC and helping companies defend against claims that terminations were unlawful.
Let Our Firm Protect Your Organization Against Wrongful Termination Allegations
If you’re dealing with issues related to discrimination or allegations of discrimination at your place of business, speak with a lawyer at James & Carter, PLC by calling 501-588-3584 or contacting us online. We serve workers and employers throughout Arkansas, including Bentonville and Rogers. We are located just three blocks away from the Pulaski County Courthouse in Little Rock.