Employee Discipline: Arkansas

Federal law and guidance on this subject should be reviewed together with this section.

Authors: E. B. Chiles IV, Cameron C. McCree and Amber Davis-Tanner, Quattlebaum, Grooms, Tull & Burrow PLLC

Summary

• Arkansas law includes a variety of protections for employees with protected characteristics, for whistleblowers, and for employees who exercise certain statutorily protected rights. See Antidiscrimination, Anti-Retaliation Legislation and Whistleblower Protections.
• Employers may monitor their employees' use of technology, but they should be mindful of privacy concerns. See Employee Surveillance.
• Under Arkansas law, conversations can be recorded provided that at least one party to the conversation consents. See Recording Meetings.
• Arkansas regulates firearms in the workplace, which affects an employer's ability to discipline employees for possessing guns in the workplace. See Gun Laws.
• Drug or alcohol use is not a disability under Arkansas law. See Disciplining Employees With Drug and Alcohol Addictions.
• Arkansas has amended its state constitution with the Arkansas Medical Marijuana Amendment of 2016. See Marijuana.
• Arkansas employers may discipline employees for workplace theft. See Workplace Theft and False Imprisonment.
• An Arkansas employer should take care not to expose itself to liability if it chooses to detain an employee suspected of theft. See Workplace Theft and False Imprisonment.
• Arkansas does not favor noncompetes. See Restrictions on Noncompetes and Nonsolicitation Agreements.
• Arkansas employers should exercise caution when disciplining employees for attendance issues related to protected leaves. See Absences Due to Protected Leaves.