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Arkansas Whistleblower Laws: Protections and How to Report

Independently fact-checkedEditor-reviewedLaw current as of August 20, 2026By Recording Law Editorial TeamReviewed September 23, 202611 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 6 primary sources cited on this page. How we verify our legal content

Arkansas Whistleblower Laws: Protections and How to Report

Arkansas protects public employees from retaliation under the Arkansas Whistle-Blower Act, codified at Ark. Code Ann. 21-1-601 through 21-1-610, when they report waste, fraud, or legal violations in good faith. Private-sector workers must rely on common law public policy protections or federal statutes for coverage.

Overview of Arkansas Whistleblower Laws

Arkansas follows the employment-at-will doctrine, which means employers can generally terminate workers for any reason. However, several important exceptions protect employees who speak up about wrongdoing. These protections come from both state statutes and common law principles developed through court decisions.

United States witness chair in a courtroom with a microphone

The primary state-level protection is the Arkansas Whistle-Blower Act, codified at Ark. Code Ann. 21-1-601 through 21-1-610. This law shields public employees from retaliation when they report waste of public resources or violations of law. Additional protections exist under the Arkansas Civil Rights Act of 1993, the workers' compensation anti-retaliation statute, and several federal laws.

This guide covers the full scope of whistleblower protections available to Arkansas workers, including who qualifies, what activities are protected, how to file a complaint, available remedies, and filing deadlines. For a broader view of protections that apply nationwide, see our guide to Federal Whistleblower Laws.

Who Is Protected Under the Arkansas Whistle-Blower Act

The Arkansas Whistle-Blower Act applies specifically to public employees. Under Ark. Code Ann. 21-1-602, a "public employee" is any person who performs full-time or part-time service for wages, salary, or other remuneration for a public employer. This includes state employees, county workers, municipal employees, and employees of other political subdivisions.

A "public employer" includes any department, agency, office, board, commission, or other governmental body of the state or any political subdivision of the state. This covers a wide range of government entities at the state, county, and city levels.

The Act does not cover private-sector employees. Workers in the private sector must rely on common law protections, federal whistleblower statutes, or other state laws described later in this guide.

Protected Activities Under the Act

Under Ark. Code Ann. 21-1-603, a public employer cannot take adverse action against a public employee who does any of the following:

United States courthouse entrance door with brass handles

  • Reports waste or violations. The employee communicates in good faith to an appropriate authority about the existence of waste of public funds, property, or manpower (including federal funds administered by a public employer) or a violation or suspected violation of a law, rule, or regulation.
  • Participates in investigations. The employee participates in, gives information during, or testifies at a hearing, investigation, court proceeding, legislative inquiry, or administrative review.
  • Refuses to carry out an illegal directive. The employee objects to or refuses to carry out a directive that the employee reasonably believes violates a law, rule, or regulation.

The key requirement is good faith. The employee must have a genuine and reasonable belief that waste or a violation has occurred. The Act defines "waste" as conduct involving substantial abuse, misuse, destruction, or loss of public funds, property, or manpower. A "violation" is an infraction or breach of a state statute, ordinance, or regulation designed to protect the public interest.

What Counts as Adverse Action

The Act defines "adverse action" broadly under Ark. Code Ann. 21-1-602. It includes discharge, threats, discrimination, or retaliation against a public employee in any manner that affects:

  • Employment status or compensation
  • Job location or assignment
  • Rights, immunities, or privileges
  • Promotions or advancement opportunities

Common Law Public Policy Protections

Arkansas courts recognize a public policy exception to at-will employment that can protect both public and private employees. Under this doctrine, an employer cannot fire an employee for reasons that violate established public policy.

To determine what qualifies as public policy, Arkansas courts look at existing statutes and constitutional provisions. Courts have recognized protections for employees who:

  • Report violations of state or federal law to authorities
  • Refuse to violate a criminal statute at the employer's request
  • Exercise a statutory right (but see the workers' compensation section below, where the General Assembly closed this path by statute)
  • Comply with a statutory duty, such as serving on a jury

An important limitation exists: the employee's actions must serve the public interest, not just a private one. When an employee reports to a government agency that their company is defrauding the government, that conduct is protected. But when an employee acts solely in their own private interest, the common law exception does not apply.

Arkansas Civil Rights Act Protections

The Arkansas Civil Rights Act of 1993 (ACRA) provides additional retaliation protections at Ark. Code Ann. 16-123-108. Under this statute, it is unlawful for any person to discriminate against an individual because that individual:

  • Opposed in good faith any practice made unlawful by the ACRA
  • Made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under the ACRA

The ACRA also prohibits anyone from coercing, intimidating, threatening, or interfering with a person who exercises their civil rights or who helps another person exercise those rights.

The ACRA protects against discrimination based on race, religion, national origin, gender, or the presence of a sensory, mental, or physical disability. Employees who report discrimination in any of these categories and face retaliation can bring a claim under this statute.

Damages Under the ACRA

For employment discrimination claims, the ACRA caps combined compensatory and punitive damages based on employer size:

Employer SizeMaximum Damages
Fewer than 15 employees$15,000
15 to 100 employees$50,000
101 to 200 employees$100,000
201 to 500 employees$200,000
More than 500 employees$300,000

These caps also apply to a workplace retaliation claim. Ark. Code Ann. 16-123-108(c)(2) provides that a retaliation or interference claim arising out of the employee-employer relationship may be brought only against an employer and that its remedies and procedures are limited to those in Ark. Code Ann. 16-123-107(c), the capped employment subsection. The uncapped remedies in 16-123-107(b) reach only retaliation and interference claims that do not arise from employment. Employees can also recover back pay, interest on back pay, and reasonable court costs and attorney fees, though no liability for back pay accrues from more than two years before the action is filed.

Workers' Compensation Retaliation Protections

Ark. Code Ann. 11-9-107 protects employees from retaliation for filing workers' compensation claims. Under this statute, employers cannot:

  • Discharge an employee because the employee filed a workers' compensation claim
  • Alter the terms or conditions of employment because of a claim
  • Obstruct or impede an employee from filing a workers' compensation claim

Employers who violate this statute face significant consequences. The Arkansas Workers' Compensation Commission can impose a fine of up to $10,000, payable to the Second Injury Trust Fund by the employer rather than the carrier. The employer may also be found guilty of a Class D felony, which carries potential prison time of up to six years. The prevailing party can recover costs and a reasonable attorney fee payable from the fine, but if the employee is the nonprevailing party the employer may elect to have those fees and costs paid by the employee or deducted from future workers' compensation benefits.

One limitation is easy to miss. Subsections (d) and (e) of the statute state that the section does not establish an exception to the employment-at-will doctrine and that a purpose of the section is to preserve the exclusive remedy doctrine and annul inconsistent case law, naming Wal-Mart Stores, Inc. v. Baysinger, Mapco, Inc. v. Payne, and Thomas v. Valmac Industries, Inc. In other words, the penalty runs through the Commission; the statute does not give the employee a separate retaliatory discharge lawsuit.

Arkansas Medicaid Fraud False Claims Act

The Arkansas Medicaid Fraud False Claims Act (Ark. Code Ann. 20-77-901 through 20-77-911) provides a separate whistleblower mechanism for reporting Medicaid fraud. This law is enforced by the Arkansas Attorney General against individuals or entities that submit false Medicaid claims. Unlike the federal False Claims Act, it does not create a private qui tam right of action; a person cannot file and prosecute their own lawsuit under this statute.

Key provisions of this statute include:

  • Attorney General enforcement. Only the Arkansas Attorney General may bring a civil action under this statute (Ark. Code Ann. 20-77-903, -904); a person who has evidence of Medicaid fraud reports it, but cannot file their own lawsuit as a private relator the way they can under the federal False Claims Act.
  • Informant rewards. A person who provides information leading to a recovery may receive a court-determined, discretionary reward of up to 10% of the aggregate penalty recovered (Ark. Code Ann. 20-77-911), not a guaranteed relator's share.
  • Civil penalties. The state must elect in its complaint which penalty it seeks: either a civil penalty of not less than $500 and not more than $10,000 for each claim, or two times the damages the state sustained (Ark. Code Ann. 20-77-903(a)(3)). The two are alternatives, not a combined award. Civil-penalty liability may be cut by 50% when a person or Medicaid provider reports an employee's or subcontractor's violation within 30 days and fully cooperates. A violator is also liable for the Attorney General's reasonable expenses, including investigation costs, attorney's fees, and court costs.
  • Immunity for providing records. A person who provides records or information to the Attorney General under this statute cannot be held civilly or criminally liable for doing so (Ark. Code Ann. 20-77-907(d)(2)). This subchapter does not include a separate employer anti-retaliation provision; public employees who report Medicaid fraud may instead be protected under the Arkansas Whistle-Blower Act described earlier in this guide.
  • Statute of limitations. Claims must generally be filed within five years of the violation.

The federal False Claims Act provides broader coverage and more generous whistleblower rewards of 15% to 30% of the government's recovery. Arkansas workers can pursue claims under the federal law when fraud involves federal funds.

Federal Whistleblower Protections for Arkansas Workers

Several federal laws protect Arkansas employees regardless of whether they work in the public or private sector:

  • OSHA Section 11(c). Protects employees who report workplace safety violations. Claims must be filed within 30 days of the retaliatory action.
  • Sarbanes-Oxley Act. Protects employees of publicly traded companies who report securities fraud or financial misconduct.
  • Dodd-Frank Act. Provides protections and financial incentives for employees who report securities law violations to the SEC.
  • Federal False Claims Act. Protects and rewards employees who report fraud against federal programs.
  • Title VII of the Civil Rights Act. Protects employees who report workplace discrimination based on race, color, religion, sex, or national origin.

For a complete overview of these protections, visit our guide to Federal Whistleblower Laws.

How to Report Whistleblower Concerns in Arkansas

Reporting Under the Whistle-Blower Act

Public employees should report concerns to an "appropriate authority," which the Act defines as including:

Reporting Fraud, Waste, and Abuse

The State of Arkansas maintains a Fraud, Waste, and Abuse Reporting system for state government concerns:

  • Office of Internal Audit: (501) 682-0370
  • 24-Hour Toll-Free Report Center: (800) 952-8248
  • Online reporting forms are available through the Arkansas.gov portal

Filing Discrimination Complaints

For claims under the Arkansas Civil Rights Act, employees can contact the U.S. Equal Employment Opportunity Commission (EEOC) at 1-800-669-4000.

Workers' Compensation Retaliation

Employees who face retaliation for filing a workers' compensation claim can contact the Arkansas Workers' Compensation Commission at 1-800-622-4472.

Filing Deadlines for Whistleblower Claims

Meeting the correct deadline is critical. Missing a filing deadline can permanently bar your claim. The following table summarizes key deadlines:

Type of ClaimFiling Deadline
Arkansas Whistle-Blower Act180 days from adverse action
Arkansas Civil Rights Act (discrimination)1 year from retaliation, or 90 days after receiving EEOC "Right to Sue" letter
Workers' compensation retaliationNo deadline set in Ark. Code Ann. 11-9-107; the remedy is a fine imposed by the Workers' Compensation Commission, not a private lawsuit
OSHA Section 11(c) complaints30 days from adverse action
Arkansas Medicaid False Claims Act5 years from violation
Common law wrongful termination3 years (general statute of limitations)

With these limits running from 30 days to five years, have an Arkansas employment lawyer confirm which limit governs your claim in a free case evaluation (attorney advertising).

Remedies and Penalties for Retaliation

Under the Whistle-Blower Act

Public employees who prove retaliation under the Arkansas Whistle-Blower Act can recover through a civil lawsuit (Ark. Code Ann. 21-1-605). Available remedies include:

  • Actual damages (lost wages, benefits, and other financial losses)
  • Injunctive relief (court order requiring the employer to stop the retaliation)
  • Reinstatement to the employee's former position and status
  • Restoration of full benefits and retirement credit
  • Compensation for lost wages and benefits
  • Reasonable court costs and attorney fees (Ark. Code Ann. 21-1-606)

Under Common Law

Employees who succeed on a common law wrongful termination claim may recover:

  • Compensatory damages (economic losses and emotional distress)
  • Punitive damages (in cases of particularly egregious employer conduct)
  • Back pay with interest
  • Court costs and attorney fees

Under the ACRA

Retaliation claims under the Arkansas Civil Rights Act may result in:

  • Back pay and interest
  • Compensatory and punitive damages, subject to the same employer-size caps that apply to employment discrimination claims (Ark. Code Ann. 16-123-108(c)(2))
  • Court costs and reasonable attorney fees

Workers' Compensation Retaliation

Employers who retaliate face:

  • A fine of up to $10,000 imposed by the Workers' Compensation Commission, payable to the Second Injury Trust Fund
  • Criminal prosecution for a Class D felony (up to 6 years imprisonment)
  • Costs and attorney fees awarded to the prevailing party, payable from the fine

The statute does not create a separate retaliatory discharge lawsuit for the employee. Ark. Code Ann. 11-9-107(d) says the section is not an exception to employment at will, and subsection (e) states that a purpose of the section is to preserve the exclusive remedy doctrine.

Confidentiality Protections

The Arkansas Whistle-Blower Act includes confidentiality safeguards for employees who report concerns. Under Ark. Code Ann. 21-1-607, communications regarding waste or violations are privileged and confidential. These communications are exempt from disclosure under the Arkansas Freedom of Information Act (FOIA).

This protection helps encourage reporting by reducing the risk that a whistleblower's identity will be publicly revealed through a public records request.

Employer Notice Requirements

Under Ark. Code Ann. 21-1-608, state agencies must use appropriate means to inform employees of their protections and obligations under the Whistle-Blower Act. Public employers are required to post a sign prepared by the Division of Legislative Audit in a visible location. This sign must inform employees about the law and identify the appropriate authorities to contact when reporting waste or violations.

More Arkansas Laws

Frequently Asked Questions

Does the Arkansas Whistle-Blower Act protect private-sector employees?

No. The Arkansas Whistle-Blower Act (Ark. Code Ann. 21-1-601 through 21-1-610) applies only to public employees who work for government entities. Private-sector employees must rely on common law public policy protections, the Arkansas Civil Rights Act, or federal whistleblower statutes for coverage.

How long do I have to file a whistleblower retaliation claim in Arkansas?

The deadline depends on the type of claim. Under the Arkansas Whistle-Blower Act, you must file within 180 days of the adverse action. For discrimination retaliation under the ACRA, you have one year or 90 days after receiving an EEOC Right to Sue letter. OSHA complaints must be filed within 30 days. Common law wrongful termination claims generally have a three-year statute of limitations.

What remedies are available to Arkansas whistleblowers who face retaliation?

Available remedies vary by statute. Under the Whistle-Blower Act, public employees can recover actual damages, injunctive relief, reinstatement, lost wages and benefits, and attorney fees. Under the ACRA, employees can recover back pay, attorney fees, and compensatory and punitive damages, but a workplace retaliation claim is limited to the same employer-size damages caps that apply to employment discrimination claims, which run from $15,000 to $300,000. Workers compensation retaliation is handled as a Commission-imposed fine of up to $10,000 plus possible felony charges against the employer, not as a private lawsuit by the employee.

Where do I report fraud, waste, or abuse by an Arkansas state agency?

You can report concerns to the Arkansas Attorney General at (800) 482-8982, the Arkansas Legislative Audit at (501) 683-8600, or the 24-Hour Toll-Free Report Center at (800) 952-8248. The State of Arkansas also provides an online fraud, waste, and abuse reporting form through the Arkansas.gov portal.

Can I file a qui tam whistleblower lawsuit in Arkansas?

Not under Arkansas's Medicaid Fraud False Claims Act. That statute is enforced only by the Arkansas Attorney General, not through a private lawsuit, though a person who reports fraud can receive a discretionary reward of up to 10% of the amount recovered. If the fraud involves federal funds, you can file a true qui tam lawsuit under the federal False Claims Act, which offers whistleblower rewards of 15% to 30% of the government's recovery.

Updates

Corrected the Arkansas Medicaid Fraud False Claims Act penalty (the state elects either $500 to $10,000 per claim or two times damages, not $5,000 to $10,000 plus treble damages), clarified that Arkansas Civil Rights Act workplace retaliation damages are subject to the employer-size caps, added the missing $300,000 cap tier for employers with more than 500 employees, and removed the unsupported three-year deadline for workers compensation retaliation, which Ark. Code Ann. 11-9-107 handles as a Commission-imposed fine rather than a private lawsuit.

Corrected the Arkansas Medicaid Fraud False Claims Act description throughout the page (KeyTakeaways, body, and FAQ): it is enforced only by the Arkansas Attorney General with a discretionary informant reward of up to 10%, not a private qui tam lawsuit right, and removed a fabricated employer anti-retaliation claim that doesn't appear in the statute. Also replaced two dead citation links (OSHA, DOJ False Claims Act) with their current live URLs.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Arkansas Whistle-Blower Act, Ark. Code Ann. 21-1-601 to 21-1-610(law.justia.com)
  2. Ark. Code Ann. 21-1-602 - Definitions(law.justia.com)
  3. Ark. Code Ann. 16-123-108 - Retaliation, Interference, Remedies (Arkansas Civil Rights Act of 1993)(law.justia.com)
  4. Ark. Code Ann. 16-123-107 - Discrimination Offenses and Damages(law.justia.com)
  5. Ark. Code Ann. 11-9-107 - Workers Compensation Retaliation Penalties(law.justia.com)
  6. Arkansas Fraud, Waste, and Abuse Reporting Portal(portal.arkansas.gov).gov
  7. Arkansas Department of Transformation and Shared Services - Whistle-Blower Protection Policy(sas.arkansas.gov).gov
  8. OSHA Whistleblower Protection Program(whistleblowers.gov).gov
  9. U.S. Department of Justice - Federal False Claims Act(justice.gov).gov
  10. U.S. Equal Employment Opportunity Commission(eeoc.gov).gov
  11. University of Arkansas - Arkansas Whistle-Blower Act Employee Rights Poster(hr.uark.edu)
  12. Arkansas Inspector General - Anti-Fraud Program(ig.arkansas.gov).gov
  13. Ark. Code Ann. 20-77-903 - Restitution, damages, and civil penalties (Medicaid Fraud False Claims Act)(law.justia.com)
  14. Ark. Code Ann. 11-9-107 - Penalties for discrimination for filing a workers compensation claim(law.justia.com)
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