Oklahoma Employment Law Questions & Answers

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.

Q: Can a company publish my article in their yearly publication after firing me, without crediting me or permission?

1 Answer | Asked in Copyright, Employment Law and Communications Law for Oklahoma on
Answered on Feb 22, 2017
Will Blackton's answer
I'm only going to address the portion of your question relating to copyright law, that is: can your former employer legally publish your article without crediting you? Yes, almost certainly.

This is known as "work for hire." In the case of a work made for hire, copyright law provides that the author of the work is not the person whose individual creative efforts produced the work, but the party that employed or commissioned that person. As the author of the work made for hire, the...

Q: In Oklahoma, I understand that vacation, once earned according to the established company policy, becomes "earned and

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Feb 19, 2017
Tristan Kenyon Schultz's answer
Try reposting this question in the Oklahoma section. This is the Colorado section. Usually vacation days are counted and paid regardless of the nature of the departure, but a lot is dependent on the company policies. It is increasingly becoming more common for companies to not count vacation days.

Q: Can my boss make me go to a doctor because I left work early due to illness.

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Answered on Feb 8, 2017
Brian Lehman's answer
Yes, most employment is "at will" with exceptions, and this is not one of them The employer may fire an employee for any reason, even if that reason is irrational, or for no reason at all. Common exceptions are the employer can't fire someone because of race or gender, etc. So, yes, the employer can say get a doctor's note or you are fired.

Q: Am I allowed to take my children to work with me?

1 Answer | Asked in Employment Law, Family Law and Juvenile Law for Oklahoma on
Answered on May 23, 2016
Mr. Michael O. Stevens' answer
I have never heard of any such laws that would prevent a parent from taking children to work. Most employers do not allow it as it tends to negatively effect productivity and there could be an issue if the child were to be injured at the office.

Q: if i work over 40 hrs a week by ok. state law are they required to pay me overtime wages

1 Answer | Asked in Employment Law for Oklahoma on
Answered on May 5, 2016
Marshall Jason Ray's answer
You should consult with your state labor department or a local lawyer to see if you are owed wages. Federal law (which applies in all states) requires the payment of time and a half for hours worked in excess of 40 hours a week -- if the worker is covered by the Fair Labor Standards Act. It is not possible to answer your question without knowing more about what type of position is being discussed. Your state labor department will be able to help you understand both the federal and the state...

Q: what steps/rights do I have to get my personal property back?

1 Answer | Asked in Employment Law and Small Claims for Oklahoma on
Answered on Mar 25, 2016
Mr. Michael O. Stevens' answer
If it is worth that much, find a local attorney to send her a demand letter. A good attorney may also find other things to go after (such as wage and hour violations, final paycheck issues, etc.), and many attorneys will do flat rate work for a simple demand letter.

Q: I have been notified that my unemployment insurance award is being appealed by my former employer.

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Oklahoma on
Answered on Mar 15, 2016
Mr. Michael O. Stevens' answer
If they have attorneys, you will want your own. It would be like showing up to a race and they bring in a supped up sports car and you just bring your van. Maybe you win, but you are already at a disadvantage.

Q: Is an employer require to provide written termination to an employee upon request?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Nov 7, 2015
Terrence H Thorgaard's answer
Then it would be your word against hers. No, you cannot demand that the firing be in writing. Why do you imagine it is in your interest to have been fired?

Q: Is my father in legal trouble or does he have a case?

1 Answer | Asked in Communications Law and Employment Law for Oklahoma on
Answered on Sep 24, 2015
Terrence H Thorgaard's answer
I don't believe your father has anything to complain about. He created and used the account on company time. Thus the company is entitled to the e-mails. Your father really should have deleted the account before he left the company. But, any way, if they weren't able to access the e-mails because of your father's carelessness, and if the company sues FedEx, they could probably access this information through discovery.

Q: Does a verbal resignation carry the same weight as a written resignation?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Sep 22, 2015
Terrence H Thorgaard's answer
Yes, generally, a verbal resignation is quite valid. What is the issue?

Is the ex-employee denying the verbal resignation? In most cases the employer could simply, in that case, terminate.

Q: Worked at Abc supply in Stillwater oklahoma for almost 6 years took a voluntary layoff never called back what can I do

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
We don't have enough information to answer your question directly. You can talk to the employer and ask them why they didn't give you the bonus everyone else got. You can ask them why you weren't hired back given your seniority. What you should probably do is write down a timeline of what happened and take that along with any paperwork or letters you may have about the layoff to an attorney.

Q: Do I need an employment law attorney?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
It sounds like you have a wage claim that the Department of Labor would be interested in. Generally, if you go the administrative route, there is value in having a lawyer help you prepare your charge. If it is clear and well organized and tailored to highlight just the facts relevant to the laws and regulations the employer allegedly broke, the agency might be faster to act and more interested in your case.

Q: Can an employer add a new territory to your work load which is in a different state? With no increase in pay.

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
Your employer can change the terms and conditions of your work whenever they want, unless you have a contract in place saying they can't. For example, an employer can offer you work in Tulsa as a printer and then later transfer you to Oklahoma City to work as a baker and then fire you if you don't report to the OKC bakery. There are some exceptions and complicating factors, so it's worth talking about with an attorney.

Q: Does a federal felony from 6or7 years ago show up for an employment background check

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
If you were convicted of a federal felony 6 or 7 years ago, it will likely show up in an employment background check.

Q: Is it legal for a General Manager (who gets salary) at a restaurant to pick up waiters shifts for tips?

2 Answers | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
It is legal for a management employee who is paid on a salary basis to receive tips from customers.

Q: Under FLSA, how should a non-exempt employee be compensated for time spent traveling to and from out-of-state training?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Oct 13, 2014
Howard Berkson's answer
Ordinarily, a non-exempt employee must be paid while traveling out of their home city for a work related purpose if such travel occurs during their normally scheduled work time. There are exceptions: you might be entitled to pay during non-scheduled hours. You should discuss the situation with an attorney or raise the issue with the Department of Labor.

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