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Oklahoma Employment Discrimination Questions & Answers
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... Read 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... Read 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... Read 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...
Read more »

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... Read 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... Read 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... Read 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... Read 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... Read more »

Gary Kollin
Gary Kollin answered on Aug 9, 2019

Old adage: There is no harm in asking

View More Answers

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... Read 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... Read more »

1 Answer | Asked in Domestic Violence and Employment Discrimination for Oklahoma on
Q: If someone has a protective order against you, can you get a job at the same place they work?

I am in the process of appealing it. The only reason it was granted is because I was late for court. Also I used to be employed at this same place. She slashed my tires and then filed for a protective order. And I have done nothing to her.

Gary Johnston Dean
Gary Johnston Dean answered on Jan 3, 2018

Yes, you may apply for the job, just conduct yourself in a professional manner around her.

1 Answer | Asked in Gov & Administrative Law and Employment Discrimination for Oklahoma on
Q: Can a person with a felony conviction be hired by the state of Oklahoma?

To work in a higher education institution.

Gary Johnston Dean
Gary Johnston Dean answered on Nov 30, 2017

Yes for many jobs, but no for some others. Can't really answer unless we know what the job is. Ask again, with more details.

Please visit my website, www.GaryJDean.com, and at the bottom of the homepage, "Subscribe" to receive occasional emails on Oklahoma Law, and changes. Thanks, Gary.

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... Read more »

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,... Read more »

1 Answer | Asked in Employment Discrimination for Oklahoma on
Q: Is there anything tp help me with a breathing problem caused by fragrances at work?

I have breathing problems when exposed to fragrances, my Dr has given my work documentation, they have made some allowances to the problem, but there is a vendor who comes in with cologne so strong I can smell him through the door. I have asked him to sell his stuff in the breakroom, he got ugly... Read more »

Howard Berkson
Howard Berkson answered on Oct 23, 2013

The Americans with Disabilities Act (ADA) can apply to a person who has allergic or asthmatic responses to fragrances. Whether the ADA applies to your particular situation depends on all the surrounding facts and circumstances. If ADA applies, your employer may have to do more to protect you from... Read more »

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