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Oklahoma Employment Law Questions & Answers
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 »

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 »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can my employer fire me for having to miss 4 weeks per Dr's orders? I had 2 strokes (I'm age 27). 8 months employed

Hello there, I am very curious about this. I have been with this company for over 8 months and I recently had 2 strokes. Spent 5 days in the ER and doctors administered every test under the sun to find the cause: 2 Brain MRIs, Chest X Ray, Spinal Tap, Testicular Sonogram, Throat Sonogram, Heart... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 9, 2020

You may have a claim for disability discrimination and/or failure to accommodate under the Americans with Disabilities Act. Employers who employ 15 or more people are subject to the ADA. The ADA generally requires employers to offer reasonable accommodations to their employees (in your case, an... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can a business get around paying you for "on-call time worked", by paying a minimal amount while waiting to engage?

I get payed $2 an hour after hours to stay by the phone and be accessible remotely 24/7 every other week. I am hourly payed in order to do this. Some calls last a couple minuets while others last hours, sometimes more then half the night. At which case I'm supposed to get up and be at the... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 2, 2020

Your employer is required to pay you at least minimum wage for all hours spent performing compensable work. The question of whether an employee is performing compensable work during on-call time depends on the degree to which the employee may use the time for their own personal activities. The key... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: How do I properly resign if I'm too old to do the work re: Covid-19 safety. I'm a respiratory therapist in Oklahoma.

I was ordered to only work Covid-19 areas, and not allowed to go to "clean" areas. I have hypertension, which is has a 69% mortality rate for persons who contract the disease, Covid-19. I explained the mechanism of action to my superior: the virus SARSCoV-2 targets ACE2 enzymes that... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on May 20, 2020

You may have a claim for failure to accommodate under the Americans with Disabilities Act due to your hypertension. But, this will depend on what your typical job duties are. Do other people who perform your job work with both COVID-19 patients and in "clean" areas? If so, you should... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can I take legal action for being fired for no reason upon state reopening?

Upon state closure the restaurant I serve at informed the staff that we would have our jobs when we came back. Upon state reopening I texted that I was available for work and informed I was being let go. I haven't even worked in over another and was given no reason. I live in Oklahoma

Richard Winblad
Richard Winblad answered on May 12, 2020

Oklahoma is generally an "at will" state meaning that absent an agreement in writing, labor agreement, etc., an employer can terminate an employee for no reason.

1 Answer | Asked in Employment Law for Oklahoma on
Q: is there a is there a deadline to file a wrongful termination suit
Carrie Dyer
Carrie Dyer answered on Apr 15, 2020

Yes, there are statutes of limitations in place for state and federal laws that govern when you must file a lawsuit. The deadline will depend on the laws under which you are asserting that you've been wrongfully terminated. You should seek counsel from an employment attorney in your area as... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Oklahoma on
Q: I was layed off work at no fault of my own on 3/12/2020.

My company provided vehicle was never returned/picked up by said company. I was also never paid a promised bonus of $4500. I have not been utilizing said vehicle in any way. It is parked at my house sitting since termination. I told my former manager I would gladly return the vehicle once I was... Read more »

Carrie Dyer
Carrie Dyer answered on Apr 8, 2020

You should return the vehicle immediately, then contact an employment attorney in your area to discuss a claim for recovery of the unpaid bonus.

1 Answer | Asked in Employment Law and Landlord - Tenant for Oklahoma on
Q: I resigned from my job, the same day my employer called my landlord???

The same day I gave notice that I was resigning from my position my ex-boss called my landlord to complain. He sent me a text shortly after threatening to evict if I fall behind on rent since I had, "left the job for no reason." I left to accept a job with higher pay. I didn't reply... Read more »

Richard Winblad
Richard Winblad answered on Jan 15, 2020

Very annoying but you probably don't have a viable claim.

Restatement (Second) of Torts, § 766:

One who intentionally and improperly interferes with the performance of a contract . . . between another and a third person by inducing or otherwise causing the third person not...
Read more »

1 Answer | Asked in Employment Law and Business Law for Oklahoma on
Q: Non-compete enforcement in Oklahoma

My son signed a non-compete agreement with a friend that has a mobile car detailing business. The friend did not provide for him so he started his own mobile car business. Now the friend is suing for non-compete. We live in Oklahoma. My son has not solicited any existing customers but has... Read more »

Benjamin Oxford
Benjamin Oxford answered on Aug 21, 2019

Oklahoma Courts look unfavorably at non-compete agreements, and certain types of these agreements are unenforceable. That being said, it's not absolute. Your son needs to contact an attorney immediately. If he has been sued, he may need to respond to the lawsuit or risk a default judgment... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Employer assured me a nuetral refrence & gave me severance pay. I checked up on them and they are not keeping their word

Three different times I asked what reference they were going to give me. I was assured, even in writing that it would only confirm my dates of employment and the position. Since I havent been hired I was suspicious about what was being said by previous employer. I have a recording of my former boss... Read more »

Benjamin Oxford
Benjamin Oxford answered on Jul 9, 2019

When you apply for a new job, they often request permission to contact your former employers. If you consented to this, then your former employer is immune from civil liability, per the law in Oklahoma. If you can show they provided false information, then the former employer loses their... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: Is it illegal to fire an employee who's off the time clock and not to told they were fired to there face? Is

i was told by 2 cma's not the administrater i'm no longer aloud on the property or the cops will b called

Benjamin Oxford
Benjamin Oxford answered on Jun 7, 2019

Yes. Those circumstances alone probably do not make the termination wrongful, but we would need more information. Oklahoma is an "at will employment" state, but there may be other reasons the termination was improper.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Is it legal for my employer to take my vacation time away because I didnt use it by my anniversary date?

I had 30 hrs of PTO on my 4/10 paycheck and my next paycheck was 4/25 & my PTO is gone. They said they take it away because I did not use it by my 4/13 anniversary date. They never told me I had to use it or lose it. Is this legal?

Melissa Oxford
Melissa Oxford answered on May 26, 2019

I recommend you consult an employment attorney to discuss the details. Find out if this policy is in an employment handbook or otherwise documented somewhere. If so, be sure to bring it to the attorney consult.

1 Answer | Asked in Employment Law for Oklahoma on
Q: An employer threatened to withhold my paycheck. When I told the employer that this was illegal, they terminated me.

Can I sue my former employer?

Melissa Oxford
Melissa Oxford answered on May 26, 2019

You may have a cause of action but I recommend you consult an employment attorney. They cannot withhold pay, and you may be considered a "whistleblower", which may afford you additional protection. A lot of this is dependent on additional facts.

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