Wrongful Termination in Arkansas
Reviewed by DocDraft Legal Team - Arkansas - Last updated November 12, 2026
Wrongful termination in Arkansas means a firing that breaks a statute or a contract, or that contravenes public policy, which the Arkansas Supreme Court has said the employment relationship prohibits. The Arkansas Civil Rights Act gives a fired employee a civil action against the employer only in a court of competent jurisdiction, and it covers employers with nine or more employees in Arkansas in each of twenty or more calendar weeks in the current or preceding calendar year. The suit must be brought within one year after the alleged discrimination, or within ninety days of receiving an EEOC right-to-sue letter or determination, whichever is later. Final wages are due by the next regular payday.
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What counts as wrongful termination in Arkansas?
Arkansas employment is generally at-will, but the Arkansas Supreme Court has held that discharge for a reason that contravenes public policy is prohibited. A firing is also wrongful when it breaks a statute, such as the Arkansas Civil Rights Act, or an express handbook or contract provision against termination except for cause.
Where do you file a discrimination complaint in Arkansas, and by when?
The state claim is a civil action in court against employers with nine or more employees in Arkansas in each of twenty or more calendar weeks in the current or preceding calendar year. EEOC charges (15+ employees, 20+ for age) are due within 180 days from the date of harm.
How long do you have to sue for wrongful termination in Arkansas?
An Arkansas Civil Rights Act employment suit must be brought within one year after the alleged discrimination occurred, or within ninety days of receiving a right-to-sue letter or a notice of determination from the EEOC, whichever is later (Ark. Code 16-123-107(c)(4)).
When is your final paycheck due after being fired in Arkansas?
An employer that discharges an employee is required to pay all wages due by the next regular payday (Ark. Code 11-4-405(a)). If it is late, put your request in writing, keep a copy with your pay stubs and records of your hours, and note the date you asked.
Arkansas wrongful termination rules
Arkansas sends state discrimination claims straight to court. The Arkansas Civil Rights Act gives a person a civil action against the employer only in a court of competent jurisdiction, and it applies to employers with nine or more employees in Arkansas in each of twenty or more calendar weeks in the current or preceding calendar year. The suit window has two possible ends: one year after the alleged discrimination, or ninety days after receiving an EEOC right-to-sue letter or determination, whichever is later (Ark. Code 16-123-107(c)(4)). The federal route is short: the EEOC's Little Rock and Memphis offices give 180 days for a charge against an employer with 15 or more employees, or 20 or more for age. Outside statutes, the Arkansas Supreme Court has held that discharge for a reason that contravenes public policy is prohibited. Final wages are due by the next regular payday after a discharge.
Relevant Laws
Ark. Code 16-123-107 (civil action and deadline)
A civil action in a court of competent jurisdiction, brought within one year or within ninety days of an EEOC notice, whichever is later.
Ark. Code 16-123-102 (employer definition)
An employer employs nine or more employees in Arkansas in each of twenty or more calendar weeks in the current or preceding calendar year.
Ark. Code 11-4-405 (final pay)
An employer that discharges an employee must pay all wages due by the next regular payday.
EEOC Little Rock timeliness
The EEOC's Little Rock office gives 180 days from the date of harm for employers with 15 or more employees (20 or more for age) in Arkansas.
Regional Variances
Arkansas wrongful termination rules
At-will status
Generally at-will.
Recognized exceptions
Discharge that contravenes public policy, statutory claims, and express handbook or contract provisions against termination except for cause.
State agency and law
No state agency charge step in the act's text; Arkansas Civil Rights Act, Ark. Code 16-123-101 and following, enforced through a civil action in court.
EEOC charge deadline
180 days from the date of harm (EEOC Little Rock and Memphis offices), for employers with 15 or more employees, or 20 or more for age.
Employer size covered
Nine or more employees in Arkansas in each of twenty or more calendar weeks in the current or preceding calendar year (Ark. Code 16-123-102).
Whistleblower and retaliation law
Ark. Code 11-9-107 (willful discrimination on account of a workers' compensation claim).
Deadline to sue
Within one year after the alleged discrimination, or within ninety days of receiving an EEOC right-to-sue letter or notice of determination, whichever is later (Ark. Code 16-123-107(c)(4)).
Final paycheck
All wages due by the next regular payday (Ark. Code 11-4-405(a)).
Suggested Compliance Checklist
Request your final pay in writing
If unpaid by the next regular payday days after startingArkansas requires all wages due by the next regular payday after a discharge. If they are late, send a written request for the exact amount owed.
Save records and write a timeline
Within days of the firing days after startingKeep the termination notice, messages, pay stubs and a dated timeline, with witness names.
File an EEOC charge if you will use one
180 days (EEOC) days after startingAn EEOC charge (employers with 15 or more employees, 20 or more for age) is due within 180 days from the date of harm in Arkansas.
Calendar the Arkansas suit deadline
1 year, or 90 days after EEOC notice, if later days after startingSue within one year after the alleged discrimination, or within ninety days of receiving an EEOC right-to-sue letter or notice of determination, whichever is later.
Send a demand letter or review a settlement
Before signing any release days after startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | Arkansas requires all wages due by the next regular payday after a discharge. If they are late, send a written request for the exact amount owed. | final-paycheck-demand-letter | If unpaid by the next regular payday |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File an EEOC charge if you will use one | An EEOC charge (employers with 15 or more employees, 20 or more for age) is due within 180 days from the date of harm in Arkansas. | - | 180 days (EEOC) |
| Calendar the Arkansas suit deadline | Sue within one year after the alleged discrimination, or within ninety days of receiving an EEOC right-to-sue letter or notice of determination, whichever is later. | - | 1 year, or 90 days after EEOC notice, if later |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
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