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Oklahoma Employment Law Questions & Answers

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 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 being... 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 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 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 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 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.

1 Answer | Asked in Employment Law for Oklahoma on

Q: In the state of Oklahoma, claim 75,000 dollars for damages. Chg contingency 50% plus cost. is this High.

The day before filing the case, they chg 50% plus cost, but case was not filed in Federal court instead it went district. Only $75,000 was requested for damages. Is this chg to high? Counsel request court for attorney fees. If I'm being chg cost from the award. Would the request to the court for... Read more »

Richard Winblad answered on May 17, 2019

Sounds like you don't understand a contingent fee arrangement you have with your attorney. Ask him or her to sit down and explain how it works.

2 Answers | Asked in Employment Law for Oklahoma on

Q: Employer gives points if clock in 5 min early/late. I have to get by lap top out plug it in and start it up wait for the

for the system to pull up which really means I'd need to get to work early to meet the requirement. Can they do this?

Kyle Persaud answered on Mar 25, 2019


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1 Answer | Asked in Employment Law for Oklahoma on

Q: If I was fired from my job for making an online threat but no charges is it possible to work for the government still

I spoke with the FBI and worked for a casino never went to jail, no charges made and no record because of it

Kyle Persaud answered on Mar 13, 2019

This would depends on the rules of the government agency for whom you want to work.

1 Answer | Asked in Employment Law for Oklahoma on

Q: Can an employer refuse to pay me commissions I have already earned if I leave the company?

I have now been offered a job with a different employer and I have accepted the new position so can my current employer not pay me not only what has already been completed and just waiting on the customers to close out their purchase orders but also the sales that I made but the devices are still... Read more »

Kyle Persaud answered on Mar 13, 2019

The answer to this question depends on the contractual agreement between you and your employer.

"Contractual agreement" can include written contracts, but, under certain circumstances, verbal statements by you or your employer, or action by you and your employer, can also be part of the...
Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Oklahoma on

Q: i work as a nurse in oklahoma, and a nurse stated out loud " i want some of that you are taking" this was just a joke

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... Read more »

Doak Willis 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 the... Read more »

1 Answer | Asked in Employment Law and Landlord - Tenant for Oklahoma on

Q: My employment included room and board; my official employment end date was November 30, 2018.

My employer emailed me on November 19, 2018 that I "would be allowed to stay in the house through December 31, 2018." I have received no other eviction notice. This is my permanent home. I live in Oklahoma. Is this proper notice to vacate?

Doak Willis answered on Dec 30, 2018

Since your room and board was included with your employment and your employment ended on November 19, 2018, and you were given more than 390 days notice to vacate, it was proper as the terms of your tenancy was ties to your employment which ended more than 30 days before you were required to quit... Read more »

1 Answer | Asked in Adoption, Employment Law, Family Law and Sexual Harassment for Oklahoma on

Q: Foster parent mistreating their adopted 17 year old. Enslaving her to do his business for very minimum pay.

She gets up at 6am every morning and works till 6pm chopping wood all day making 4x4x8 stacks of wood. Only paying her $20 dollars per trailer. That is below labor laws. She had told me other things in the past that were disturbing and cried not to go back and she was reported runaway last July... Read more »

Jason Perkins answered on Nov 8, 2018

If you feel that the child is being harmed you should contact DHS and speak with an attorney about what other options you have available.

1 Answer | Asked in Employment Law, Tax Law and Business Law for Oklahoma on

Q: Company makes us file as independent contractor but we’re employees. Is there an anonymous way to report them?

We’ve researched definitions of what makes an employee. We know they’re not in stone but we feel they meet enough we should be employees. It’s for a Trivia game nationwide company & we host trivia games at bars. So: they tell us when & where to work. They supply the items needed to host a... Read more »

Reece B. Morrel Jr answered on Aug 20, 2018

Welcome to the murky waters of employee vs. independent contractor.

Part of the problem is that you have several agencies - both federal and state - with overlapping jurisdiction.

In Oklahoma, you have the IRS, the OTC and the OESC just to name a few.

Not only that, but a...
Read more »

1 Answer | Asked in Criminal Law and Employment Law for Oklahoma on

Q: I got arrested in March 14 2018 & I went through the cops program & was going to be applying in October when I turn 21

I was wanting to know if it will keep me from getting a job as a police officer in Oklahoma this happened in Arkansas! Got charged with unlawful animal fighting second degree 5-62-120

Keegan Kelley Harroz answered on Jun 22, 2018

This depends entirely on the disposition of the criminal matter. This question should be answered by the specific agency that you are applying to for a position. Every agency has different requirements.

1 Answer | Asked in Employment Law for Oklahoma on

Q: Is my Oklahoma non compete agreement enforceable?

Richard Winblad answered on Apr 2, 2018

Sometimes, but they are generally frowned upon as a restraint of trade. Your agreement would need an attorney's analysis.

1 Answer | Asked in Employment Law and Personal Injury for Oklahoma on

Q: I work at a facility that give sign-on bonuses can they legally take my bonus from me if I was injured on the job?

I have an ongoing workman's comp case which requires physical therapy under care of a Orthopedic Dr. My Employer said since I missed work (have medical forms stating I could not work) that I will not receive my bonus.

Peter N. Munsing answered on Jan 3, 2018

Depends on the wording of the bonus offer. Seems like you want to contact a member of the Ok Assn for Justice--they give free consults.

1 Answer | Asked in Animal / Dog Law, Employment Law, Personal Injury and Workers' Compensation for Oklahoma on

Q: My daughter was employed by a dog daycare for a very short time when she was bitten trying to stop 2 dogs from fighting

She is 19 and received virtually no training on how to handle situations like that other than to squirt them with a water bottle. There were 3 employees watching 70 dogs. She wasn’t even allowed to leave to get medical treatment even though she was bitten quite badly. What legal actions can she... Read more »

Richard Winblad answered on Oct 22, 2017

She may be entitled to Workers Compensation and/or claims against the dogs' owners. She should seek out an attorney who handles comp & personal injury claims.

1 Answer | Asked in Criminal Law and Employment Law for Oklahoma on

Q: In the SF 86 investigation process, does the police record check with federal, state, and local agencies include -

Non-criminal/ nonpublic records such as a police report of a police transport to an emergency room for a mental health hold? I am needing help interpreting 5 U.S. Code § 9101 specifically.

Robert Donald Gifford II answered on Jul 27, 2017

They do a pull of the NCIC, so if it is reflected there it will show up. I do believe there is a question on the SF-86 on mental health, so make sure you answer it fully and completely. It's the cover up that always gets people.

1 Answer | Asked in Employment Law, Personal Injury, Products Liability and Workers' Compensation for Oklahoma on

Q: I developed a pulmonary embolism from work comp surgery, what should I do?

In January I slipped and fell on the job and severed my patellar tendon. The injury required surgical reattachment and for two days after surgery I was told not to move from my bed. I wasn't not sent home on any type of anticoagulants or with an exercise machine and I developed a DVT which led to a... Read more »

Peter N. Munsing answered on Jun 12, 2017

I assume you have a comp attorney. Ask them. If you don't have one , contact a member of the Oklahoma Trial Lawyers Association--they give free consults.

Q: Work comp settlement and/or a medical malpractice lawsuit?

So, in January I fell while on the job which led to a major knee injury (completely severed my patellar tendon). The injury required surgery to reattach the tendon to my kneecap. After surgery I was specifically instructed to go home, elevate the leg, and do not get out of bed for 2 days. I wasn't... Read more »

Peter N. Munsing answered on Jun 9, 2017

If you have a workers comp attorney contact them. If not, contact a member of the Ok Trial Lawyers Assn who handles medical cases --they give free consultations.

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