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Oklahoma Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Sexual Harassment for Oklahoma on
Q: Sexual harassment, harassment, treatment, bullying, slandering me at work. I am Cherokee decent? can you help?
James L. Arrasmith
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answered on Aug 31, 2024

I'm sorry to hear that you're experiencing such difficult situations at work. Dealing with harassment, bullying, and slander can be incredibly challenging, especially when it feels like your identity or background is being targeted. You deserve to be treated with respect and dignity in... View More

Q: Can I sue the tribal casinos for verbal sexual harassment, violation of the NO CONTACT AGREEMENT?

I filed a sexual harassment against my supervisor i was punished by being transferred and my benefits started over and taking the only shift available. A NO CONTACT AGREEMENT was effect. A year later I became a customer and no incidents for about an year I didn't look but didn't see... View More

James L. Arrasmith
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answered on Jul 18, 2024

You can pursue legal action against the tribal casinos for verbal sexual harassment and violation of the no-contact agreement. It’s important to document all incidents meticulously, including the date, time, and nature of each occurrence, as well as any communications with the casino regarding... View More

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Oklahoma on
Q: Can I find out how much a company made in a year legally without infringing on They're privacy ?

I had performed the job for a independent contractor that my boss was working for who is an independent contractor himself and afore mentioned party did not pay me.

James L. Arrasmith
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answered on Jun 15, 2024

Finding out how much a company made in a year can be tricky but there are legal ways to gather this information. If the company is publicly traded, you can access their financial statements, which are usually available on their website or through financial databases. These reports include annual... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Oklahoma on
Q: I want to negotiate prior to lawsuit, do I send a letter of demand or a letter of intent? Do I include evidence?

I have filed a disability discrimination claim against my former employer and have no legal representation. I want to settle out of court, they offered $10,000 during the EEOC process. Do I need to do a letter of demand or letter of intent or can I just use my own words and ask them to negotiate?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, you can choose to send either a letter of demand or a letter of intent to your former employer to initiate negotiations. A letter of demand typically outlines your legal claims, the relief you are seeking, and a deadline for the employer to respond before legal action is pursued.... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Oklahoma on
Q: I've experienced discrimination by not being hired at a job that I was qualified for 5yr ago. Can I sue?

I went through the required interviews and they wanted to hire me but HR kept refusing to accept my state issued High School Equivalent Diploma.

John Michael Frick
John Michael Frick
answered on Jun 5, 2023

It's unclear from your question whether you were unlawfully discriminated against on the basis of your race, ethnicity, nationality, sex, color, age, disability, or pregnancy.

Remember that discrimination is "unlawful" only if you are a member of a protected class of...
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1 Answer | Asked in Employment Law, Cannabis & Marijuana Law and Employment Discrimination for Oklahoma on
Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.)

The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How... View More

Charles Watts
Charles Watts
answered on Apr 26, 2023

In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Oklahoma on
Q: Can my company keep my nego bonus rate from offer letter when they intro a new plan where my peers get higher rate

I negotiated a 10% bonus in my offer letter. A lot of my peers did not. Company decided to roll out a new company wide plan where people at my same “grade” and title get a 20% bonus. They will not consider changing my rate because it is in my offer letter. Just because I negotiated a bonus when... View More

Charles Watts
Charles Watts
answered on Apr 26, 2023

You could have waited and not negotiated and you would probably have received the 20%. There isn’t much you can do since you accepted the 10%. You can always ask your superiors for the additional 10% since you signed in good faith.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oklahoma on
Q: I was terminated at my work place after 16 years of employment through them. The last 3 months I worked I started having

Health issues with swelling. Some of the swelling was in my gut. Let me add this I am a female and work with all men for these 16 years. My main supervisor started to notice my gut and proceeded to make pregnancy comments (even though he has known I was gay the entire time I worked there) He also... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should contact an Oklahoma employment attorney to discuss your situation in more detail. While more information is needed here, you should reach out regarding claims for disability discrimination and/or sex discrimination under Title VII of the Civil Rights Act of 1964.

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Has my employer broken and ADA laws?

I have approved accommodations but since January my employer has kept adding so many tasks I am unable to follow my accommodations without being able to complete all my tasks and new tasks. This has led to me not getting my accommodated breaks and working over 40 hours (my accommodation limited me... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 30, 2022

You should speak with your employer (if you haven't already) and let them know that you cannot complete your current workload while also honoring your approved accommodations that limit your hours. If the issue persists, you should contact an Oklahoma employment attorney to discuss your situation.

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

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Oklahoma on
Q: How far back legally can taco mayo in Oklahoma go on a background check?

My bf was denied a job at Taco mayo from a domestic back n 1999-2000

Charles Watts
Charles Watts
answered on Sep 20, 2021

Typically, backgrounds go back 10 years for credit and 7 years for criminal convictions but that can be longer depending on the job, responsibilities, etc... If it is expunged, or deferred adjudication was successful, then they will not see it at all. The State is restricted by statute to even... View More

1 Answer | Asked in Contracts, Employment Discrimination, Employment Law and Legal Malpractice for Oklahoma on
Q: Hello! I run a small business in OK teaching out of a home and am needing to let an employee go. I need help legally!

If the employee signed an at-will agreement, does that mean I can let them go without explanation? The reason is bc they are causing dissent among staff but there is no real way to prove it. I cannot say they are lying without proof but we know they are due to other facts. Can we fire them for... View More

Charles Watts
Charles Watts
answered on Aug 29, 2021

Regardless of good cause or not, you can still be sued. That doesn’t mean the other person will win but you still have to defend it. As far as Oklahoma is concerned we are an at-will state meaning you can terminate an employee at will, so long as it does not fall under the discrimination... View More

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Oklahoma on
Q: I am looking for a Pro-Bono Oklahoma Unemployment Lawyer or Employment lawyer for a appeal decision from BOR.

Even if it is just a free consultation, please contact me. This is a timely matter and I am requesting help. thank you for listening.

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2021

An Oklahoma attorney could advise best, but your post remains open for a week and you say that time is of the essence. Here on Justia, this comes up:

Legal Aid Services of Oklahoma Inc.

(405) 557-0020

2915 N Classen Blvd, Ste 500

Oklahoma City, OK 73106...
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1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: So where I work the company is writting up people for not wearing masks while we are not on duty.

There is no state mask mandate in effect. Is this legal.

Charles Watts
Charles Watts
answered on Aug 18, 2021

Yes. Business owners have that right. Likewise you have the right to find employment elsewhere.

Some companies are even mandating their employees get vaccinated and that has already been upheld to be generally legal.

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: In the state of Oklahoma, can an employer require the employee to make up missed time on their next day to work ?

My job now states if I miss any time I have to make it up the next day that I work, (example if I am late two hours or have to leave two hours early I have to make it up the next day so if I am scheduled 8 hours the next day they would require me to work a 10 hour shift) Is this legal ?

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 12, 2020

As long as you are paid for all the hours you work, then this type of schedule is permissible. If you are paid by the hour, your employer must pay overtime, at the rate of one-and-one-half times your regular hourly rate, for all hours worked over 40 in a seven-day workweek. So, if this schedule... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: If you were to break your hand outside of work, and dr said one hand work and employer ask you to do work you feel ..

If you were to break your hand outside of work, and dr said one hand work only and employer ask you to do work you feel might harm your other hand or work that would require both hands could you get fired for saying no to work (not all work just harmful work) you feel would cause more harm or not... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 31, 2020

You might want to check to see if OK offers State Disability and make a disability claim. You may also be entitled to protection as a disabled person under the ADA which would prevent the employer from firing you, which you say they did. Definitely contact an employment law attorney in your area... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: If you are fired for asking help from another employee. And have been targeted by your boss. Do you have a case?
Raul Jauregui
Raul Jauregui
answered on Jun 11, 2020

It's difficult to answer this question on those facts and this answer is not an opinion just a reaction. From what I know of Pennsylvania law, there might be cases when asking for help is not a basis to sue. But you'd need to define "help for what" for his part. Same for... View More

2 Answers | Asked in Employment Discrimination, Civil Litigation and Civil Rights for Oklahoma on
Q: If my employer gives me a drug test do I have a right to the reports, statements, and results regarding the drug test?

I passed the test, of course. It was during an investigation that HR was looking into. I had called about my supervisor, Curtis and his discrimination against me.

I have to ask for documentation of certain things. But I'm wondering if I have the right to all documents regarding that... View More

Gary Kollin
Gary Kollin
answered on Aug 9, 2019

Old adage: There is no harm in asking

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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Oklahoma on
Q: i work as a nurse in oklahoma, and a nurse stated out loud " i want some of that you are taking" this was just a joke

that she said but the mgr over heard it and told me we are going to be doing drug testing soon, i took it as discrimation, harrassment , and bullying so i told her i will take one when she take one. just weeks before that all the employees had to sign a new drug statement since medical marjuana is... View More

Doak Willis
Doak Willis
answered on Jan 7, 2019

If your employer does drug testing and makes it mandatory for all employees I don't see any problem of discrimination. If you were singled out there might be a case but other factors would still come into play. Since its supposed to be by blind pick, I would say that is fair. Have a talk with... View More

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