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21-1-605. Remedies.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-1-605. Remedies.
(a) A court in rendering judgment under this subchapter may order any or all of the following remedies:
(1) An injunction to restrain continued violation of the provisions of this subchapter;
(2) The reinstatement of the public employee to the same position held before the adverse action or to an equivalent position;
(3) The reinstatement of full fringe benefits and retirement service credit;
(4) The compensation for lost wages, benefits, and any other remuneration; or
(5) The payment by the public employer of reasonable court costs and attorney's fees.
(b)(1) A public employee alleging in a civil action that he or she was terminated from his or her position as the result of adverse action prohibited under § 21-1-603 may request an expedited hearing on the issue of the public employee's being reinstated to the public employee's position until the resolution of the civil action brought under this subchapter.
(2) If at an expedited hearing the public employee demonstrates that a reasonable person would conclude that his or her termination was a result of adverse action prohibited under § 21-1-603, the court shall order that the public employee be:
(A) Reinstated to his or her position until the conclusion of the civil action brought under this subchapter; or
(B) Reinstated to his or her position and placed on paid administrative leave until the conclusion of the civil action brought under this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-1-605
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:21-1-605
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 02d802a0fbd5abc54b7bb4271b70e230dd13a87502124302798f7cd3ce489b5c
Source location: content.xml paragraph 622
Stored source content
21-1-605. Remedies.
(a) A court in rendering judgment under this subchapter may order any or all of the following remedies:
(1) An injunction to restrain continued violation of the provisions of this subchapter;
(2) The reinstatement of the public employee to the same position held before the adverse action or to an equivalent position;
(3) The reinstatement of full fringe benefits and retirement service credit;
(4) The compensation for lost wages, benefits, and any other remuneration; or
(5) The payment by the public employer of reasonable court costs and attorney's fees.
(b)(1) A public employee alleging in a civil action that he or she was terminated from his or her position as the result of adverse action prohibited under § 21-1-603 may request an expedited hearing on the issue of the public employee's being reinstated to the public employee's position until the resolution of the civil action brought under this subchapter.
(2) If at an expedited hearing the public employee demonstrates that a reasonable person would conclude that his or her termination was a result of adverse action prohibited under § 21-1-603, the court shall order that the public employee be:
(A) Reinstated to his or her position until the conclusion of the civil action brought under this subchapter; or
(B) Reinstated to his or her position and placed on paid administrative leave until the conclusion of the civil action brought under this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
21-1-603. Public employer conduct prohibited — Good faith communication.
(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.
(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
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-1-603
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-1-603. This identifies an authority to review, not proof of applicability.