Oklahoma Employment Law Questions & Answers

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

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Oklahoma on
Answered on Jan 7, 2019
Doak Willis' answer
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 employee who made that statement and ask nicely that he/she not joke about drugs in the workplace.

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

1 Answer | Asked in Employment Law and Landlord - Tenant for Oklahoma on
Answered on Dec 30, 2018
Doak Willis' answer
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 the premises. You acknowledge you r3ecived notice thus satisfying Due Process.

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

1 Answer | Asked in Adoption, Employment Law, Family Law and Sexual Harassment for Oklahoma on
Answered on Nov 8, 2018
Jason Perkins' answer
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.

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

1 Answer | Asked in Employment Law, Tax Law and Business Law for Oklahoma on
Answered on Aug 20, 2018
Reece B. Morrel Jr's answer
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 decision by the IRS is not binding on the OTC and OESC, and vice versa. In other words, there is not a central agency that gets to make the decision, and make the decision binding on everyone else....

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

1 Answer | Asked in Criminal Law and Employment Law for Oklahoma on
Answered on Jun 22, 2018
Keegan Kelley Harroz's answer
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.

Q: Is my Oklahoma non compete agreement enforceable?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Apr 2, 2018
Richard Winblad's answer
Sometimes, but they are generally frowned upon as a restraint of trade. Your agreement would need an attorney's analysis.

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?

1 Answer | Asked in Employment Law and Personal Injury for Oklahoma on
Answered on Jan 3, 2018
Peter N. Munsing's answer
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.

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

1 Answer | Asked in Animal / Dog Law, Employment Law, Personal Injury and Workers' Compensation for Oklahoma on
Answered on Oct 22, 2017
Richard Winblad's answer
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.

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

1 Answer | Asked in Criminal Law and Employment Law for Oklahoma on
Answered on Jul 27, 2017
Robert Donald Gifford II's answer
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.

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

1 Answer | Asked in Employment Law, Personal Injury, Products Liability and Workers' Compensation for Oklahoma on
Answered on Jun 12, 2017
Peter N. Munsing's answer
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?

1 Answer | Asked in Employment Law, Medical Malpractice, Personal Injury and Workers' Compensation for Oklahoma on
Answered on Jun 9, 2017
Peter N. Munsing's answer
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.

Q: I am a member of a non-profit called Christian Healthcare Ministries.It is a ministry where members share members health

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
Whether you have any legal recourse depends on the contents of your contract with the organization and with their own established past practices. You should take your paperwork to an attorney familiar with contract law and review it with him or her in detail.

Q: Do I have any legal rights to co-workers, public knowing my medical information and harassment, without documentation?

1 Answer | Asked in Employment Law and Civil Rights for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
Legally, "harassment" isn't usually what people think it is. I would need much more information to determine if you have been the target of illegal harassment. However, you should not provide that information here on this public forum. You should consider discussing that with an employment law attorney near you. As far as your medical information is concerned, it ordinarily cannot be revealed to the public or to co-workers except in limited circumstances unless you gave permission for the...

Q: I am in Oklahoma. Is it legal for an employer to hold my last check because of an exit checklist or exit survey?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
No. Under the Oklahoma payday law, checks must be issued within certain time frames. An employer is not permitted to withhold payroll from an employee except under special circumstances. None of the circumstances you mentioned are special circumstances that allow an employer to withhold payment or to deduct from your paycheck..

Q: Can an employer force you to shave facial hair that is clean and well maintained?

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
Generally, yes, an employer can require employees to be clean-shaven. For safety reasons, there are few alternatives. If it is merely part of the company "look" that employees be clean-shaven, and if your facial hair is part of a religious obligation, then you may try asking the employer for a religious accommodation.

Q: As an employer am I legally obligated to provide a ride home after terminating an employee? In Oklahoma

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
Usually, no. However, if the employee is out in the middle of nowhere when you fire him or her, you can't just leave the employee by the side of the road without opening yourself up to significant liability. Naturally, the case against you would be much stronger if something bad happened to the employee, such as being struck by a car while trying to walk home on a deserted country road. However, if the employee ordinarily has no problem getting to and from the place where employment was...

Q: If the employer in Oklahoma cannot fill an I-9 for an international, what other forms must they fill out?

1 Answer | Asked in Employment Law and Immigration Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
If you are technically permitted to work, then your immigration attorney should be able to guide you toward getting whatever documents you need to fill out Form I-9. Whether the document is a work visa or a social security card or a U.S. passport or something else permitted, you can't work legally without Form I-9. Moreover, working illegally could interfere with your immigration interests. You should discuss this in detail with your immigration attorney. If your immigration attorney does...

Q: Can an employer retroactively deduct wages paid due to payor source recoupment if the hours worked were assigned hours?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
You might have a case against the employer for assigning you more work than you can bill and also for making a deduction you did not authorize, if you did not authorize the deduction.. However, it depends on a variety of details that you should discuss with an attorney near you who is familiar with employment law.

Q: What can a former employer say about my time employed i with them.

1 Answer | Asked in Employment Law and Libel & Slander for Oklahoma on
Answered on Apr 20, 2017
Howard Berkson's answer
A former employer can be liable under different legal theories for bashing a former employee on a reference check. Defamation is one theory. Under defamation, you would say that you have been economically injured because they have made false statements about you (your character, your competency, whatever), knowing the statements were false or with reckless disregard for whether they were true. Another theory has a fancy lawyer name: "tortious interference with contract." Essentially, we...

Q: My girlfriends paralegal mother claims to have done a background check without my consent on me. We're in Oklahoma.

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Libel & Slander for Oklahoma on
Answered on Mar 21, 2017
Robert Donald Gifford II's answer
A "background check" can be as simple as running your name on public data bases such as the Oklahoma Supreme Court Network (OSCN). If she used a private or government database, it could cost her job.

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