Employment law IT'S ALL ABOUT THE RIGHT CHOICE

Bentonville Employment Attorneys

Fighting for Bentonville Employees at All Levels

Has your employer treated you unfairly? Is there evidence they may have taken illegal action against you? You may be entitled to compensation and other legal remedies if you were wrongfully terminated, retaliated against, discriminated against, denied appropriate compensation for all hours worked, or subject to any other form of unlawful misconduct. It is in your best interest to get legal advice as soon as you believe your employee rights may have been violated.

At Potts Law Firm, we are dedicated to helping Arkansas employees at all levels seek justice. Whether you are a high-level executive or a new hire, everyone deserves a safe workplace where their rights are honored. Our Bentonville employee lawyers understand how to strategically approach these cases and can provide compassionate, attentive guidance throughout each stage of the legal process. Our goal is to hold your employer accountable and deliver the favorable outcome you deserve. With over $1 billion recovered for our clients and over 250 years of combined legal experience, you can rest assured your case is in capable hands.

We frequently handle matters of employment law on a contingency basis, so you owe nothing unless we win. Contact us online or call (479) 323-3738 to schedule a free initial consultation. Same-day appointments are available, and our firm offers services in English and Spanish.

What Is Considered Wrongful Termination in Arkansas?

Because Arkansas is an “at-will” employment state, you may assume your employer can fire you for any reason. Though private Arkansas employers do not need a reason to dismiss you or lay you off, there are several exceptions that restrict when they can terminate someone. For example, if you signed an employment contract that includes terms that detail under what circumstances you can be fired, your employer must honor that agreement.

Arkansas employers cannot fire employees on retaliatory or discriminatory grounds. An employer retaliates against an employee when they take adverse action to punish an employee for exercising their rights. For example, an employee may refuse to do something illegal or blow the whistle on unlawful activity. The assertion of rights may even be more innocuous, like a request for a reasonable accommodation for a disability. When an employer fires or lays off an employee because they asserted their rights, they are unlawfully retaliating against them.

A firing is discriminatory (and therefore unlawful) when the dismissal occurs due to an employee’s protected characteristic. An employer could target everyone over the age of 40 or everyone of a particular religion in a company-wide layoff, for example. They may also directly fire someone after they learn they belong to a protected class.

The trouble with wrongful termination is an employer will almost never be honest about why they are dismissing someone if the dismissal is for an unlawful reason. Many will make a conscious effort to conceal what they are doing, so you will need considerable evidence to prove retaliatory or discriminatory intent. Our Bentonville employment attorneys can determine whether you have a strong case. If we are able to successfully bring a claim, we will work to secure reinstatement, front pay, back pay, and compensation for other damages.

What Is Considered Discrimination in an Arkansas Workplace?

Workplace discrimination happens when someone is fired, not hired, punished, or otherwise treated adversely because of their belonging to a “protected class.” A protected class refers to a characteristic that is inherent to you and protected from discrimination. Federal and Arkansas anti-discrimination laws each identify protected classes.

In Arkansas, the following classes are considered “protected,” meaning you cannot be treated adversely because of your:

  • Race
  • Ethnicity
  • National Origin
  • Religion
  • Disability
  • Sex
  • Pregnancy Status
  • Sexual Orientation
  • Gender
  • Age (40 or over)
  • Genetic Information

The laws that apply to your employer will depend on how many employees your employer employs. If your organization has at least 15 employees, both federal and state laws apply. If your employer has fewer than 15 employees, only Arkansas’s anti-discrimination law applies. The Equal Pay Act, which requires that men and women with the same qualifications be paid the same amount for the same work, applies to all employers.

You may have been subject to discriminatory treatment if you were:

  • Terminated because of your belonging to a protected class
  • Demoted or had your pay reduced because of your belonging to a protected class
  • Given arbitrary, unfair performance reviews because of your belonging to a protected class
  • Not hired for a job you are qualified for because of your belonging to a protected class
  • Refused a reasonable accommodation for your disability or religious beliefs
  • Refused a promotion or other opportunities because of your belonging to a protected class
  • Forced to deal with a hostile work environment where your belonging to a protected class is the source of constant inappropriate jokes, comments, or insults

If you feel you may have been discriminated against at work, Potts Law Firm can help you explore your legal options. Our Bentonville employment lawyers understand how to prove discrimination in complex cases and are ready to put our experience and knowledge to work for you.

When Am I Owed Overtime Pay in Arkansas?

As a non-exempt Arkansas employee, your boss must pay you overtime (one and a half times your normal rate) whenever you work more than 40 hours in a 7-day period. There are very few exceptions to this rule, yet many employers attempt to tell employees they are not entitled to overtime. It does not matter if an employer does not “allow” overtime or if they did not explicitly approve it. While an employer can lawfully discipline an employee for breaking overtime rules, any non-exempt employee who works overtime hours must still be compensated with overtime pay.

Independent contractors are not entitled to overtime pay, but be wary. Some employers misclassify employees as independent contractors to get around overtime rules. Exempt employees who fit very specific criteria also do not get overtime pay, but again, misclassification can be rampant.

If your boss says you do not get overtime, get in touch with our Bentonville employment attorneys by calling (479) 323-3738 or contacting us online. We can quickly ascertain whether you are entitled to overtime under the law and assist you if your employer is not paying you fairly.

It's All About Your Recovery

Hear From Our Past Client's
  • I had a wonderful experience with this law firm.

    “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

    - Stephen P.
  • I wouldn’t hesitate to recommend him or any of the team at Potts.

    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

    - Theo C.
  • The Potts Law Firm is a powerhouse of brilliant attorneys.

    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

    - Molly H.
  • I highly recommend Adam and Potts Law Firm

    “From the first meeting, Adam made me feel like he had my best interest at heart and took care of everything.  I can't say enough good things about how helpful, professional, and caring Adam was to me.”

    - Mary H.
  • I would recommend Potts Law Firm for any and all legal matters that come my way in the future!

    “The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.”

    - W. Gary

it's all about your best possible result

Explore our past successes
  • ERISA Class Action Settlement $36 Million

    T. “Micah” Dortch served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.

What Is Considered Sexual Harassment in an Arkansas Workplace?

Sexual harassment is considered a type of sex-based discrimination and thus falls under anti-discrimination laws. All private Arkansas employers are at minimum subject to the state’s anti-discrimination law, which requires them to make every effort to stop acts of sexual harassment and take corrective action when they learn about misconduct.

Anyone can be subject to sexual harassment – your sex, sexual orientation, and gender identity do not matter. Your boss, supervisor, or manager also does not have to be the one perpetrating the harassment. Your employer has an obligation to prevent and stop sexual harassment from occurring regardless of who is responsible for it. That means if you are sexually harassed by a client, an independent contractor, or even just a visitor to your workplace, your employer has to take meaningful action when you tell them about it. If they fail to do anything, they could become liable for the harassment, and you may have a case against them. The two major types of workplace sexual harassment are:

  • Hostile work environments. A hostile work environment is one in which discriminatory harassment interferes with an employee’s ability to do their job. In practice, you may be dealing with a hostile work environment if you are frequently subject to inappropriate sexual comments and/or unwanted and unwelcome touching. Again, anyone can create or contribute to a hostile work environment, including people outside your organization.
  • Quid pro quos. A quid pro quo involves someone – usually a superior – propositioning an employee for a sexual favor in exchange for some sort of work-related advantage. Quid pro quos can also function as threats if the perpetrator claims the employee will be punished if they do not comply.

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