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Oklahoma Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Oklahoma on
Q: My employer has had my medical exemption request (with physician letter) for 6 weeks. Is this a prompt review?

It has been nearly 6 weeks since I requested a medical exemption from the vaccine. My physician wrote a letter to accompany the request. I have an extensive medical history including myocarditis and prior Covid-19. I simply want an answer as to whether my employment depends on vaccination. The past... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 12, 2021

More information is needed here. If you have followed up with your employer regarding your exemption status and continue to be ignored, and if you have been on unpaid leave status during this 6-week timeframe, then you may want to discuss your situation with an Oklahoma employment attorney and... Read 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... Read more »

1 Answer | Asked in Contracts, Employment Law and Government Contracts for Oklahoma on
Q: Long term sub in process of provisional sped cert, signed 3 year contract. Can I get out of it? Never received copy.

I still need 18 credit hours or M.Ed sped. I am being paid as a long term sub in moore public schools and they say they will back pay me once certified.. I am in the ok st dept sped bootcamp. I was offered a different state job with benefits that I really need and if I wait for my provisional... Read more »

Charles Watts
Charles Watts answered on Sep 16, 2021

Depending on your contract. There may potentially be a clause releasing either party from the agreement. However, like wise there may be a financial obligation/penalty to execute that clause.

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.

2 Answers | Asked in Car Accidents and Employment Law for Oklahoma on
Q: I was rear ended in company car while working. I am suing the trucking company that hit me. Should I sue Work Comp too.

The Attorney I hired for the personal injury, referred me to a workers comp attorney as well. I have reached MMI after a lumbar fusion but I still have a pinched nerve in my neck from whiplash that causes complications . My comp attorney is acting like I should just take what WC offers and has not... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 27, 2021

MMI is a bogus concept invented by insurance companies. Be guided by what the injury attorney has to say. It sounds like you have signficant issues, and fusions are never mmi as the person can develop pain and other issues as the fusion puts more strain on the discs above and below the point of... Read more »

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1 Answer | Asked in Employment Law for Oklahoma on
Q: Does unemployment cover taking a leave of absence to care for a parent who’s become too weak to sustain on their own?

I’ve recently taken a leave of absence to provide care to my elderly father during COVID who suffers from Congestive heart failure. I am the only child and have since relocated to be with him. We just began in-home physical therapy in hopes of increasing his strength so he may become stronger... Read more »

Anna L Self
Anna L Self answered on Jun 11, 2021

No. You must be actively seeking work to qualify for unemployment.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can my husband's company require him to get the COVID vaccine? It's a private company with over 25 employees.

We are declining the vaccine based on our religious beliefs. Is this a violation of The Title VII inequality act of 1964? He was told he can work from home, but NEVER return to the office if he does not get the vaccine. Is this legal?

Kyle Anderson
Kyle Anderson answered on Apr 15, 2021

An employer can require its employees to get a vaccination with the exception of the employee having a medical condition or in some instances, a religious belief. I don't see an issue with the employer requiring him to work from home. More information may be needed however. I would reach out... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: My name is Ken have a question about a unemployment hearing for job seperation that I don't agree with

My question its alot longer because feel you have to know the whole story not just a peice so I'm shorting it best I can imagine in adjudication for unemployment because I thought I was on FLMA but my job says I was terminated for job abadonment don't know how FLMA works but isn't... Read more »

Jessica Brown
Jessica Brown answered on Mar 22, 2021

You should definitely unpack these details with an employment law attorney ASAP. Most offer free initial consultations.

I'm sorry for your loss.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Tribal: is there a is there a deadline to file a wrongful termination suit. Currupt exec branch not following policies
Jessica Brown
Jessica Brown answered on Mar 22, 2021

Yes, but this is too fact intensive to know what that deadline would be. You should contact an attorney ASAP to make sure you don't miss any deadline.

1 Answer | Asked in Employment Law, Workers' Compensation and Car Accidents for Oklahoma on
Q: I had a wreck while I was delivering for Domino's, it was not my fault, the other vehicle was stolen with no insurance,

The driver fled on foot and was never caught, my insurance wont help because I was on the job and Domino's aka team next level of tulsa will not help or answer my questions my employers will not respond to calls or messages anymore, the most they will do is get me in touch with work comp for... Read more »

Jessica Brown
Jessica Brown answered on Mar 22, 2021

You should contact a "bad faith" insurance attorney. They frequently review initial information for no charge - have any rejection/denial letters ready to show them.

It sounds like your insurance company denied the claim because of an exclusion in your policy. An attorney can...
Read more »

1 Answer | Asked in Employment Law and Family Law for Oklahoma on
Q: What can I do if my husband is having an affair with a male supervisor that is a county employee for the State of OK?

My husband started an affair with his then supervisor (that’s a male), my husband is also an alcoholic and his supervisor would give him alcohol on company grounds, his supervisor would tell him intimate details about other employees that is a breech of their privacy but, his supervisor used his... Read more »

Charles Watts
Charles Watts answered on Feb 22, 2021

You can divorce your husband. Your husband would have to be the one who sues the county.

1 Answer | Asked in Employment Law for Oklahoma on
Q: My child requires 24 hour monitoring due to congenital disorder. He cannot go to a sitter or daycare due to him being

Immune compromised. Now my husband's work wants him to work at night. Can he legally have them change his schedule to accomadate his sons medical condition?

Rhiannon Herbert
Rhiannon Herbert answered on Oct 20, 2020

Your husband can request a schedule change, but his employer is not required to grant the request. While employers are required to offer reasonable accommodations under the Americans with Disabilities Act, the ADA only applies to the individual's own medical conditions, not the medical... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: I wax laid off due to covid 19. The company refuses to hire me back or return my calls. What can I do? terry

I was one of the last to be let go when I was laid off and offered severence pay. Now that they called people back to work with my application on file the company and the plant refuse to hire me back. When I was working for them I was always on time and went to work everyday always do what was... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 3, 2020

Hi, more information is needed to fully analyze your claim. Do you have any idea why they are not bringing you back? They would be within their rights to not hire you back as long as that decision was not based on your age, race, religion, or other protected classes. Did someone explain to you why... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Employment Law for Oklahoma on
Q: If something is removed from my credit report that is being garnished does that mean the garnishment will stop
Timothy Denison
Timothy Denison answered on Aug 20, 2020

Possibly, but not necessarily. You will need to did a little deeper and see if the harm has been satisfied or released.

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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 Law for Oklahoma on
Q: Is it legal to change incentive amounts given after employees reach the goal and were told a higher incentive prior.

work at a bank and we have quarterly incentives for meeting certain goals. The incentive amounts are established every January for the amount that is received if we meet our goal for each quarter. This past quarter since Covid our lobbies have not been open. Therefore, they changed the requirements... Read more »

Kyle Anderson
Kyle Anderson answered on Jul 22, 2020

Do you have some sort of employment contract or agreement that obligates them to pay the bonus at the prior incentive amount? If not, employers are generally not required to pay an incentive bonus at all.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can an employer keep you from getting your personal belongings from the office if you quit?

The company is just a small LLC with only a few employee. I was working for a friend who started a business... I worked basically full time for a year and was not compensated for my work and he kept asking me to work more, so I decided to step down... well, it was a fitness business and we built a... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 8, 2020

You should contact an employment lawyer in your area to assist you with: 1) getting compensation owed to you for hours you worked over the previous year, and 2) getting possession of your personal belongings. If you performed work and were not paid for that work, you have a claim under the Fair... Read more »

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