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Oklahoma Employment Law Questions & Answers
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 and Wrongful Death for Oklahoma on
Q: my partner died , was at work had asthma attack they neglected to call an ambulance do i have a case
Tim Akpinar
Tim Akpinar
answered on May 31, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. I'm very sorry for your loss. You could reach out to attorneys to try to arrange a free initial consult. It might be worth acting without delay. If you do find a law firm that is interested in the matter, they... 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 Contracts and Employment Law for Oklahoma on
Q: What can I do?

My department that I worked for is charging me for equipment, uniforms, etc. they are also charging me more for breaking our contract but are stating I didn’t stay a full year out of the two years I was supposed to stay what do I do?

T. Augustus Claus
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answered on Feb 2, 2024

If you believe you are being unfairly charged for equipment, uniforms, or other items by your former employer, and if they are attempting to enforce a contract penalty for not completing the agreed-upon term, you may want to seek legal advice. Review your employment contract carefully to understand... View More

1 Answer | Asked in Employment Law and Landlord - Tenant for Oklahoma on
Q: I work for and rent a house from the same person. Can he garnish my check for rent without court proceedings?
T. Augustus Claus
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answered on Jan 10, 2024

In Oklahoma, it is generally not legal for an employer to garnish an employee's wages for unpaid rent without obtaining a court judgment. Garnishing wages typically requires a court order, and landlords must follow legal procedures to collect unpaid rent. If your employer, who is also your... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Should I be getting paid for my travel at work?

At my job we travel a lot. We drive from our homes and meet at our office and take company vehicles to a another jobsite usually in another state. We don't get paid the first hour there, or the first hour back because it's considered "commute time." But I don't understand... View More

T. Augustus Claus
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answered on Jan 2, 2024

The legality of not being paid for travel time depends on various factors, including the nature of the travel and applicable labor laws. In the scenario you described, where employees are driving from their homes to the office before traveling to a job site, the time spent traveling from home to... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Oklahoma on
Q: Can Oklahoma Court Services provide contractual employee drug screening for private companies?
James L. Arrasmith
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answered on Dec 1, 2023

Oklahoma Court Services is primarily designed to serve the state's judicial system, not private entities. Their main function is to provide services related to the court system, such as supervision and monitoring, rather than serving private companies.

However, for drug screening for...
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1 Answer | Asked in Employment Law and Civil Rights for Oklahoma on
Q: Concerning a safe working environment free of being bullied

A fellow employee is always making my job harder, by blocking pathways, he has spit in my drink, I've reported it to my employer and it continues to happen, and HR has been told as well.

James L. Arrasmith
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answered on Nov 24, 2023

In your situation, where you're facing ongoing bullying and harassment at work, it's important to know that you have rights to a safe and respectful workplace. The behavior you've described, especially spitting in your drink, is not only unprofessional but could also be considered a... View More

2 Answers | Asked in Contracts, Employment Law and Arbitration / Mediation Law for Oklahoma on
Q: My GrubHub delivery driver account was deactivated this year. I can't get any specific reason why from the company

My GrubHub delivery driver account was deactivated May of this year. I was on the platform for about a year and did over a 100 deliveries and even earned an upgraded insulated catering bag for the milestone. Then just like a week or two later my account was deactivated. I didn't have any... View More

James L. Arrasmith
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answered on Oct 15, 2023

Unfortunately, GrubHub, like many gig economy platforms, typically maintains significant discretion in deactivating driver accounts. While they may have policies regarding contract violations and deactivations, these platforms often reserve the right to deactivate accounts without providing... View More

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2 Answers | Asked in Contracts, Employment Law and Arbitration / Mediation Law for Oklahoma on
Q: My GrubHub delivery driver account was deactivated this year. I can't get any specific reason why from the company

My GrubHub delivery driver account was deactivated May of this year. I was on the platform for about a year and did over a 100 deliveries and even earned an upgraded insulated catering bag for the milestone. Then just like a week or two later my account was deactivated. I didn't have any... View More

Eva Zelson
Eva Zelson
answered on Oct 20, 2023

Like brick and mortar employers in at-will states, employers in the gig economy generally exercise the right to terminate relationships with employees for any reason or for no reason at all. The exceptions would be if you have a contract that designates terms and conditions for your service for... View More

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1 Answer | Asked in Employment Law for Oklahoma on
Q: Can my employer withhold my paper check at any time?

I had a family emergency, I called in before my shift to let them know I wasn't going to be at, 12 hours before my shift, I was told I couldn't pick my check up until I signed a paper.

T. Augustus Claus
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answered on Oct 3, 2023

Generally, employers in Oklahoma must pay employees for work performed. Withholding a paycheck because of a family emergency or requirement to sign a paper might be problematic. If you believe your wages are being wrongfully withheld, you may contact the Oklahoma Department of Labor to get guidance... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Social Security and Employment Law for Oklahoma on
Q: Is it unconstitutional to insist that old age job seekers divulge "disabilities" they might have had when younger?

Old people in America have certain Constitutional protections such as the right not to be discriminated against in job seeking, so agencies exist in every State for such purposes. But to insist on potential clients divulging "disabilities" that might not exist or might have in fact been... View More

T. Augustus Claus
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answered on Aug 14, 2023

Requiring job seekers to disclose disabilities they may have had when younger could potentially raise concerns under the Americans with Disabilities Act (ADA) and other anti-discrimination laws. The ADA prohibits discrimination based on disability, and it includes provisions related to both current... 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 Business Law and Employment Law for Oklahoma on
Q: Can your employer require you to use your personal vehicle for business purposes?

My employer is requiring me to use my personal vehicle for work purposes. They are reimbursing mileage, so that is not the issue. The problem is that they would like me to transport computer equipment from one location to another. According to my auto insurance, their equipment I am transporting... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Feb 16, 2023

If the obligations for the transportation of equipment are not included in your employment contract, then the employer cannot force you to do it. I would recommend you to conclude an additional agreement with the employer in which to prescribe all the conditions and responsibilities for the... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can I sue for wrongful termination yes or no

I was fired for my boss threatening my father and his company

Charles Watts
Charles Watts
answered on Jan 10, 2023

Short answer - yes -- but that does not mean you will win.

You will have to prove your case with facts and depositions to prove that in fact it was wrongful. This could be a costly road, but then if you win, you have a good chance of also recovering attorney fees. If you lose then the...
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1 Answer | Asked in Employment Law for Oklahoma on
Q: Can I sue whataburger for wrongful termination
Charles Watts
Charles Watts
answered on Jan 10, 2023

Short answer - yes -- but that does not mean you will win; you will have to prove your case with facts and depositions to prove that in fact it was wrongful. This could be a costly road, but then if you win, you have a good chance of also recovering attorney fees

1 Answer | Asked in Contracts and Employment Law for Oklahoma on
Q: I terminated my contract early, employer refusing the commission I made during my time of employment, what can I do?

I have been in touch with the manager and he is still refusing.

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

It depends on the terms of your employment agreement. Some provide for commissions on sales made before the termination of employment but earned after termination of employment.

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 Divorce and Employment Law for Oklahoma on
Q: What can happen to a lump sum unemployment payment I received after my husband filed divorce? Can he take half?

I received a lump sum of Oklahoma pandemic unemployment insurance money a month after my husband filed divorce. It’s in an unknown account & he does not know about it. It was from 2020 and they just now paid it out 3 years later. We decided it was more beneficial I stay home with our baby... View More

Charles Watts
Charles Watts
answered on Mar 19, 2023

Your question is a technical one. If you divorce has not been finalized then more often than not this will be viewed as marital income and would be subject to splitting. Intentional hiding of money is a major issue that should be avoided. Based on your other facts there may be a way around this... View More

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