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?
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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 
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.
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... View More
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
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
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
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.
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
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.
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
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.
Employer sent email stating that all employees are required to receive a vaccine and provide proof by a certain date, otherwise will be terminated.
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
My bf was denied a job at Taco mayo from a domestic back n 1999-2000
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
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
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
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.
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... View More
There is no state mask mandate in effect. Is this legal.
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.
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 ?
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
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
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
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
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
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
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
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.
answered on Jan 3, 2018
Yes, you may apply for the job, just conduct yourself in a professional manner around her.
To work in a higher education institution.
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.
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
He told me not to come back without doctors note.
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
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