Arkansas Whistleblower Law
Whistleblowers protected under common law “public policy” claim under breach of contract theory.
Court Decisions:
- Sterling Drug Inc. v. Oxford, 747 S.W.2d 579 (Ark. 1988)
- Crawford County v. Jones, 232 S.W.3d 433 (Ark. 2006)
- Lynn v. Wal-Mart Stores, Inc., 102 Ark. App. 65 (Ark. 2008)
- Northport Health Services Inc. v. Owens, 356 Ark. 630 (Ark. 2004)
- TFS of Gurdon v. Hook, 474 S.W.3d 897 (Ark. App. 2015) (“the public exception presents an exclusive contract cause of action”)
Statute:
- AR Code § 21-1-601–608 (public employees)
Frequently Asked Questions
Does Arkansas have a False Claims Act?
Yes, the Arkansas Medicaid Fraud False Claims Act. Whistleblowers can report people and corporations who knowingly submit false claims under the Arkansas Medicaid program, as well as those who pay or receive bribes in exchange for medical referrals used under Medicaid.
Does the Arkansas FCA have a whistleblower provision?
No. People who provide information under the Arkansas FCA can receive an award of up to 10% of collections, but are not covered under any kind of qui tam provision.
Does Arkansas recognize the public policy exception for wrongful termination?
Yes. Arkansas is an at-will employment statement, and while employers have wide discretion in their hirings and firings, this power is not unlimited. An employee may bring a claim for wrongful termination where the basis for his or her firing goes against the well-established public policy of the State of Arkansas.
