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Questions Answered by Howard Berkson
1 Answer | Asked in Family Law and Personal Injury for Oklahoma on
Q: Can I sue my ex husband for part of a death settlement he received from our daughter's accident?

My 21 year old daughter passed away last year. It was an ATV accident, my ex husband her father filed a death suit before I did. He received the settlement money this year and even though I was named in the documents as her mother next of kin, she wasn't married or had children I wasn't... View More

Howard Berkson
Howard Berkson
answered on Nov 19, 2021

You can sue, but you may not have to. You might try contacting his attorney and see if his attorney can talk some sense into him. If that doesn't work, you'll need to contact an attorney. If you don't think anybody can talk any sense into him, you may want to get an attorney and... View More

1 Answer | Asked in Personal Injury and Civil Rights for Oklahoma on
Q: my brother is incarcerated- has no legal assistance $$. He needs to file a tort claim, medical negligence. Doctor

orders were to assign a bottom bunk at the facility for medical reasons. Against the doctor's orders and his protests, employees determined he was in a top bunk. He had a seizure and fell from the top bunk to the floor. He seriously injured his back, shoulder, and hit his head. He is asking me... View More

Howard Berkson
Howard Berkson
answered on Nov 19, 2021

There isn't really a form. But, also, a government tort claim requires notice to the state or federal government in a relatively short period of time. You need to talk to a personal injury attorney AND a civil rights attorney, since there may also be a violation of civil rights. You need to... View More

1 Answer | Asked in Personal Injury for Oklahoma on
Q: Should I accept $500 for negligence per se?

I showered at Travel centers of America, and my hair got caught in a blow dryer that didn’t have a safety cage around the fan. I struggled to remove the dryer from my hair for about an hour. I lost a significant amount of hair, and self esteem. TA’s insurance adjuster wants to pay me $500.... View More

Howard Berkson
Howard Berkson
answered on Nov 19, 2021

I don't think anybody can give you a fair answer to this question without more details. You should talk to a personal injury attorney. Bring pictures and any medical bills or counseling bills you've received as a result of this issue.

1 Answer | Asked in Employment Law for Oklahoma on
Q: If I work for a restaurant as a waiter, can they force me to be a bartender if I don’t want to.
Howard Berkson
Howard Berkson
answered on Nov 19, 2021

The short answer is yes. Unless you have a contract that says something different, your employer has full discretion to assign job titles, responsibilities, tasks, and scheduling however it sees fit. About the only limit on that is there are limits on those things for employees under the age of... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Can an employer require employees to get fully vaccinated for COVID-19, if employee has natural immunity?

Employer sent email stating that all employees are required to receive a vaccine and provide proof by a certain date, otherwise will be terminated.

Howard Berkson
Howard Berkson
answered on Nov 19, 2021

Right now, the answer seems to be yes that an employer can require employees to get vaccinated. Hospital employees have been required to get flu vaccinations and people typically have to receive vaccinations in order to attend schools, including universities. The situation is more complicated... View More

2 Answers | Asked in Contracts for Oklahoma on
Q: In oklahoma, if you have a contract with another person but only one person signs the paper, is it still legal?
Howard Berkson
Howard Berkson
answered on Nov 19, 2021

A written contract is generally enforceable against the person who signed it. However, the question comes up as to whether there is actually a contract if only one party signed it. This situation is highly dependent on the specific facts of your situation. You should consult with a local... View More

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2 Answers | Asked in Employment Law for Oklahoma on
Q: Can a healthcare worker that worked the entire pandemic thus far, be terminated for refusing the vaccine in Oklahoma
Howard Berkson
Howard Berkson
answered on Nov 19, 2021

Right now, the answer seems to be yes that an employer can require employees to get vaccinated. Hospital employees have been required to get flu vaccinations and people typically have to receive vaccinations in order to attend schools, including universities. The situation is more complicated when... View More

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1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Employment Law for Oklahoma on
Q: I am a member of a non-profit called Christian Healthcare Ministries.It is a ministry where members share members health

insurance costs.It is not an insurance company so they have a pre-existing condition limitation.Pre-existing is defined as having symptons, signs or treatment within 1 year of joining.I joined in April 2016.I had a condition in Aug 2014 and last visit for it was Dec 2014.I had another incident in... View More

Howard Berkson
Howard Berkson
answered on Apr 20, 2017

Whether you have any legal recourse depends on the contents of your contract with the organization and with their own established past practices. You should take your paperwork to an attorney familiar with contract law and review it with him or her in detail.

1 Answer | Asked in Employment Law and Civil Rights for Oklahoma on
Q: Do I have any legal rights to co-workers, public knowing my medical information and harassment, without documentation?
Howard Berkson
Howard Berkson
answered on Apr 20, 2017

Legally, "harassment" isn't usually what people think it is. I would need much more information to determine if you have been the target of illegal harassment. However, you should not provide that information here on this public forum. You should consider discussing that with an... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: I am in Oklahoma. Is it legal for an employer to hold my last check because of an exit checklist or exit survey?
Howard Berkson
Howard Berkson
answered on Apr 20, 2017

No. Under the Oklahoma payday law, checks must be issued within certain time frames. An employer is not permitted to withhold payroll from an employee except under special circumstances. None of the circumstances you mentioned are special circumstances that allow an employer to withhold payment... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Can an employer force you to shave facial hair that is clean and well maintained?
Howard Berkson
Howard Berkson
answered on Apr 20, 2017

Generally, yes, an employer can require employees to be clean-shaven. For safety reasons, there are few alternatives. If it is merely part of the company "look" that employees be clean-shaven, and if your facial hair is part of a religious obligation, then you may try asking the... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: As an employer am I legally obligated to provide a ride home after terminating an employee? In Oklahoma
Howard Berkson
Howard Berkson
answered on Apr 20, 2017

Usually, no. However, if the employee is out in the middle of nowhere when you fire him or her, you can't just leave the employee by the side of the road without opening yourself up to significant liability. Naturally, the case against you would be much stronger if something bad happened to... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: my company is located in PA but I live and work in CA what state can I flle a lawsuite against them in?
Howard Berkson
Howard Berkson
answered on Apr 20, 2017

It depends on the nature of your claim. Some claims possibly in PA, most claims in CA. You should talk to a lawyer familliar with employment law in your home jurisdiction, first.

1 Answer | Asked in Employment Law and Immigration Law for Oklahoma on
Q: If the employer in Oklahoma cannot fill an I-9 for an international, what other forms must they fill out?

I am a international who graduated from college last year and is currently married to an American Citizen. We've been told by an immigration lawyer that I'm technically allowed to work but I cannot fill out an I-9, are there some other forms that an employer must fill out in order to hire... View More

Howard Berkson
Howard Berkson
answered on Apr 20, 2017

If you are technically permitted to work, then your immigration attorney should be able to guide you toward getting whatever documents you need to fill out Form I-9. Whether the document is a work visa or a social security card or a U.S. passport or something else permitted, you can't work... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can an employer retroactively deduct wages paid due to payor source recoupment if the hours worked were assigned hours?

I'm a behavioral health case manager in OK. In Nov 2016 my employer notified me that due to the new overtime laws coming on 12/1/2016, I would need to choose whether I would change from salary to an hourly employee or a fee-for-service employee. I often worked 50 to 60 hrs a week, and they did... View More

Howard Berkson
Howard Berkson
answered on Apr 20, 2017

You might have a case against the employer for assigning you more work than you can bill and also for making a deduction you did not authorize, if you did not authorize the deduction.. However, it depends on a variety of details that you should discuss with an attorney near you who is familiar... View More

1 Answer | Asked in Employment Law and Libel & Slander for Oklahoma on
Q: What can a former employer say about my time employed i with them.

I was let go from a job that i had been at for over 5 years, do to the recent oil bust, when i left i felt i left on good terms, but as i started turning in resumes i would get an interview and asked to fill out an application but wouldnt ever here back. Then about 4 months later a company asked me... View More

Howard Berkson
Howard Berkson
answered on Apr 20, 2017

A former employer can be liable under different legal theories for bashing a former employee on a reference check. Defamation is one theory. Under defamation, you would say that you have been economically injured because they have made false statements about you (your character, your competency,... View More

1 Answer | Asked in Contracts and Consumer Law for Oklahoma on
Q: How can i get out of contract on new car purchase 12days ago ?

Income cant cover payments

Howard Berkson
Howard Berkson
answered on Apr 20, 2017

I am sorry to hear you are stuck in a purchase contract you cannot afford. From a lawyer's perspective, a contract is an exchange of promises that is enforceable by law. In other words, the whole point of having a contract is to force someone to keep their promise. The consequences of... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I get revoked for not having a job when I have a disabled child at home and my probation is up in a month

Ive paid all my da supervision fines and im off next month but now the lady I check in with said shes gonna revoke me for not having a job . MySl son is disabled and I recieve ssi for him .can she do that

Howard Berkson
Howard Berkson
answered on Oct 13, 2014

If the terms of your probation require you to have employment, then your probation can be revoked for being unemployed. You should speak with an attorney. If money is too tight, check with Legal Aid of Oklahoma.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What would assault on a disabled person be considered or classified as?
Howard Berkson
Howard Berkson
answered on Oct 13, 2014

Assault or battery on a disabled person by an able bodied person is probably aggravated assault or battery (or both). See Oklahoma Statutes title 21, Section 646(2).

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can a judge overrule a jury decision regarding a conviction of Lewd Acts against a minor under 12?

My ex-husband was convicted recently of Lewd Acts against a 4 year old. His formal sentencing is not for 6 weeks. The judge was a former defense attorney and was clearly partial to the defense. In spite of that, the jury convicted him and gave him two life sentences. This judge has done... View More

Howard Berkson
Howard Berkson
answered on Oct 13, 2014

Your best bet is an appeal but, frankly, appellate courts normally uphold the trial court's decision.

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