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Oklahoma Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oklahoma on
Q: I was terminated at my work place after 16 years of employment through them. The last 3 months I worked I started having

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... Read more »

Rhiannon Herbert
Rhiannon Herbert
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.

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 Criminal Law, Employment Law and Civil Rights for Oklahoma on
Q: In the state of Oklahoma, can an employer go through your bag without consent?

A previous employer of a friends went through her Fanny pack without consent, lied about how they found/saw what was in the bag and then fired her for something completely different and basically without cause. There’s video evidence of her boss going into her bag without consent multiple times... Read more »

Charles Watts
Charles Watts
answered on Jan 10, 2023

This is a complicated matter, because with employer rights they can have policies in place that would allow a search of belongings (for specific purposes), however, there is also an expectation of privacy that has to be protected. You should contact an attorney so they can fully review all the... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Is an employment contract voluntary? If so, how can it be considered voluntary if a failure to sign prevents employment?
Charles Watts
Charles Watts
answered on May 19, 2022

It is voluntary because you can voluntarily choose to not work there if you do not like the contract.

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Has my employer broken and ADA laws?

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... Read more »

Rhiannon Herbert
Rhiannon Herbert
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.

2 Answers | Asked in Employment Law for Oklahoma on
Q: Non-Compete Agreement

I have a non-compete agreement with my current employer in Norman, OK. The agreement states that "To the maximum extent permitted by law, this Agreement will be interpreted under, and governed by, the laws of the State of Wisconsin." Can they enforce this agreement on me in Oklahoma or... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 14, 2021

More information is needed here. The provision you quoted simply means that disputes under the agreement will be governed by Wisconsin law. The agreement can still be enforced regardless of where you live or work.

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1 Answer | Asked in Employment Law for Oklahoma on
Q: If I work for a restaurant as a waiter, can they force me to be a bartender if I don’t want to.
Howard Berkson
Howard Berkson
answered on Nov 19, 2021

The short answer is yes. Unless you have a contract that says something different, your employer has full discretion to assign job titles, responsibilities, tasks, and scheduling however it sees fit. About the only limit on that is there are limits on those things for employees under the age of... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Can an employer require employees to get fully vaccinated for COVID-19, if employee has natural immunity?

Employer sent email stating that all employees are required to receive a vaccine and provide proof by a certain date, otherwise will be terminated.

Howard Berkson
Howard Berkson
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... Read more »

2 Answers | Asked in Employment Law for Oklahoma on
Q: Can a healthcare worker that worked the entire pandemic thus far, be terminated for refusing the vaccine in Oklahoma
Charles Watts
Charles Watts
answered on Nov 11, 2021

This is an evolving issue. Contact an employment attorney for more details, however, Oklahoma is an at will state and therefore they business can terminate for almost any reason so that it isnt a constitutional issue (race, religion, age, sex, etc...).

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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.

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