Arkansas Whistleblower Protections
Government Employees
Other Whistleblower Laws
Statutes specifically protecting government whistleblowers
Arkansas Whistle-Blower Act
Parties Protected By Statute
Ark. Code Ann. § 21-1-602(4)
- “Public employee” means a person who performs a full or part-time service for wages, salary, or other remuneration for a public employer.
- “Public employee” includes without limitation a state employee under 21-1-610.
State Employees Definition
“State employee” means a person who performs a full- or part-time service for wages, salary, or other remuneration for a state employer.
Ark. Code. Ann. § 21-1-610(a)(1).
Protected Actions Under Statute
- (a)
- (1) A public employer shall not take adverse action against a public employee because the public employee or a person authorized to act on behalf of the public employee communicates in good faith to an appropriate authority:
- (A) The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or
- (B) A violation or suspected violation of a law, rule, or regulation adopted under the law of this state or a political subdivision of the state.
- (2) The communication shall be made at a time and in a manner which gives the public employer reasonable notice of need to correct the waste or violation.
- (1) A public employer shall not take adverse action against a public employee because the public employee or a person authorized to act on behalf of the public employee communicates in good faith to an appropriate authority:
- (b)
- (1) For purposes of subsection (a) of this section, a public employee communicates in good faith if there is a reasonable basis in fact for the communication of the existence of waste or of a violation.
- (2) Good faith is lacking when the public employee does not have personal knowledge of a factual basis for the communication or when the public employee knew or reasonably should have known that the communication of the waste or of the violation was malicious, false, or frivolous.
- (c)
A public employer shall not take an adverse action against a public employee because the employee participates or gives information in an investigation, hearing, court proceeding, legislative or other inquiry, or in any form of administrative review. - (d)
A public employer shall not take an adverse action against a public employee because an employee has objected to or refused to carry out a directive that the employee reasonably believes violates a law or a rule or regulation adopted under the authority of laws of the state or a political subdivision of the state. - Ark. Code. Ann. § 21-1-603 (2015).
Specific Remedies Authorized By Statute
A court in rendering judgment under this subchapter may order any or all of the following remedies:
- An injunction to restrain continued violation of the provisions of this subchapter;
- The reinstatement of the public employee to the same position held before the adverse action or to an equivalent position;
- The reinstatement of full fringe benefits and retirement service credit;
- The compensation for lost wages, benefits, and any other remuneration;
- The payment by the public employer of reasonable court costs and attorney’s fees.
Ark. Code Ann. § 21-1-605 (2015).
Statutes protecting whistleblowers who report fraud against government
Arkansas Medicaid Fraud False Claims Act
Similar to the federal False Claims Act, the Virginia Fraud Against Tax Payers Act permits individuals with knowledge of fraud to pursue a qui tam action and it protects employees, contractors, and agents who engage in efforts to stop fraud from retaliation.
Citation
Ark. Code Ann. § 20-77-901, et seq. (2015)
General-purpose statutes protecting whistleblowers
None, but there is a common law public policy exception to at-will employment.
“An at will employee has a cause of action for wrongful discharge if he or she is fired in violation of a well-established public policy of the state.” Northport Health Services, Inc. v. Owens, 158 S.W.3d 164, 174 (Ark. 2004).
“The public policy of the state is contravened if an employer discharged an employee for reporting a violation of state or federal law.” Id. at 174 (quoting Sterling Drug, Inc. v. Oxford, 743 S.W.2d 380, 386 (Ark. 1988)).