Legal Opinion

Wal-Mart Stores, Inc. v. Baysinger

Supreme Court of Arkansas

Decided July 1, 1991No. 90-234Published

1Dissent · HaysSteele Hays, Justice

I have no quarrel with the view that the public policy of this state proscribes retaliatory discharge by an employer because an employee files a workers’ compensation claim. Indeed, that policy is expressly embraced in the act: Ark. Code Ann. § 11-9-107 (1987) provides that an employer who willfully discriminates against any employee for claiming benefits is subject to fine and imprisonment. However, since the remedies provided by the legislature for the breach of that policy do not include a cause of action for damages, it is, for reasons I will attempt to demonstrate, beyond the power of…

Also in this document: Dissent · Harlan.

2Cases cited12 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Wesberry v. SandersSupreme Court of the United States · 1964
  3. Kelsay v. Motorola, Inc.Illinois Supreme Court · 1978
  4. J. L. Williams & Sons, Inc. v. SmithSupreme Court of Arkansas · 1943
  5. Brothers v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1950

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API