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Oklahoma Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Oklahoma on
Q: Is it legal in Oklahoma for an employer to fire you without telling you that you have been fired?

I was fired for a schedule misunderstanding, but they only took me off the schedule. None of the managers would tell me what was happening, I sent them messages and had even called, still nothing was said to me. They literally just ignored me like I should already know or something. Is any of that... View More

1 Answer | Asked in Animal / Dog Law, Employment Law, Personal Injury and Workers' Compensation for Oklahoma on
Q: My daughter was employed by a dog daycare for a very short time when she was bitten trying to stop 2 dogs from fighting

She is 19 and received virtually no training on how to handle situations like that other than to squirt them with a water bottle. There were 3 employees watching 70 dogs. She wasn’t even allowed to leave to get medical treatment even though she was bitten quite badly. What legal actions can she... View More

Richard Winblad
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Richard Winblad
answered on Oct 22, 2017

She may be entitled to Workers Compensation and/or claims against the dogs' owners. She should seek out an attorney who handles comp & personal injury claims.

1 Answer | Asked in Criminal Law and Employment Law for Oklahoma on
Q: In the SF 86 investigation process, does the police record check with federal, state, and local agencies include -

Non-criminal/ nonpublic records such as a police report of a police transport to an emergency room for a mental health hold? I am needing help interpreting 5 U.S. Code § 9101 specifically.

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jul 27, 2017

They do a pull of the NCIC, so if it is reflected there it will show up. I do believe there is a question on the SF-86 on mental health, so make sure you answer it fully and completely. It's the cover up that always gets people.

Q: Work comp settlement and/or a medical malpractice lawsuit?

So, in January I fell while on the job which led to a major knee injury (completely severed my patellar tendon). The injury required surgery to reattach the tendon to my kneecap. After surgery I was specifically instructed to go home, elevate the leg, and do not get out of bed for 2 days. I... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

If you have a workers comp attorney contact them. If not, contact a member of the Ok Trial Lawyers Assn who handles medical cases --they give free consultations.

1 Answer | Asked in Employment Law, Personal Injury, Products Liability and Workers' Compensation for Oklahoma on
Q: I developed a pulmonary embolism from work comp surgery, what should I do?

In January I slipped and fell on the job and severed my patellar tendon. The injury required surgical reattachment and for two days after surgery I was told not to move from my bed. I wasn't not sent home on any type of anticoagulants or with an exercise machine and I developed a DVT which led... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 12, 2017

I assume you have a comp attorney. Ask them. If you don't have one , contact a member of the Oklahoma Trial Lawyers Association--they give free consults.

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 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 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 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 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 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 Criminal Law, Employment Law, Civil Rights and Libel & Slander for Oklahoma on
Q: My girlfriends paralegal mother claims to have done a background check without my consent on me. We're in Oklahoma.

She claims to have found previous address's a crimenal history report of violence on me Wich I do not have. Drug charges Wich I do not have. My mother's last maiden name. And the other two states I've lived in. She claims to know everything about me. Is that legal?

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 21, 2017

A "background check" can be as simple as running your name on public data bases such as the Oklahoma Supreme Court Network (OSCN). If she used a private or government database, it could cost her job.

1 Answer | Asked in Copyright, Employment Law and Communications Law for Oklahoma on
Q: Can a company publish my article in their yearly publication after firing me, without crediting me or permission?

I was employed by a destination marketing organization. I was terminated because I believe they wanted to hire someone who required a much lower salary, but they blamed performance. I did not underperform, in fact, much of what I accomplished there is still benefiting them. For example, I wrote an... View More

Will Blackton
Will Blackton
answered on Feb 22, 2017

I'm only going to address the portion of your question relating to copyright law, that is: can your former employer legally publish your article without crediting you? Yes, almost certainly.

This is known as "work for hire." In the case of a work made for hire, copyright law...
View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: In Oklahoma, I understand that vacation, once earned according to the established company policy, becomes "earned and

"earned and due". Therefore, the vacation pay is due to the employee regardless of the situation in which the employee leaves the company, ie: involuntary separation or with no notice given (even if the company would like a notice given). Is that correct?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 19, 2017

Try reposting this question in the Oklahoma section. This is the Colorado section. Usually vacation days are counted and paid regardless of the nature of the departure, but a lot is dependent on the company policies. It is increasingly becoming more common for companies to not count vacation days.

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Can my boss make me go to a doctor because I left work early due to illness.

He told me not to come back without doctors note.

Brian Lehman
Brian Lehman
answered on Feb 8, 2017

Yes, most employment is "at will" with exceptions, and this is not one of them The employer may fire an employee for any reason, even if that reason is irrational, or for no reason at all. Common exceptions are the employer can't fire someone because of race or gender, etc. So,... 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, Family Law and Juvenile Law for Oklahoma on
Q: Am I allowed to take my children to work with me?

I work for my father is a small family business with only 4 employees, including me. He told me I could bring my kids to work when they're not in school so I could save money on daycare since its usually just me in the office most of the day. But now he's worried about if there are child... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

I have never heard of any such laws that would prevent a parent from taking children to work. Most employers do not allow it as it tends to negatively effect productivity and there could be an issue if the child were to be injured at the office.

1 Answer | Asked in Employment Law for Oklahoma on
Q: if i work over 40 hrs a week by ok. state law are they required to pay me overtime wages

if only 40 hrs a week are claimed and anything over isnt claimed is that illegal

Marshall Jason Ray
Marshall Jason Ray
answered on May 5, 2016

You should consult with your state labor department or a local lawyer to see if you are owed wages. Federal law (which applies in all states) requires the payment of time and a half for hours worked in excess of 40 hours a week -- if the worker is covered by the Fair Labor Standards Act. It is... View More

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