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Oklahoma Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Oklahoma on
Q: Can my company keep my nego bonus rate from offer letter when they intro a new plan where my peers get higher rate

I negotiated a 10% bonus in my offer letter. A lot of my peers did not. Company decided to roll out a new company wide plan where people at my same “grade” and title get a 20% bonus. They will not consider changing my rate because it is in my offer letter. Just because I negotiated a bonus when... View More

Charles Watts
Charles Watts
answered on Apr 26, 2023

You could have waited and not negotiated and you would probably have received the 20%. There isn’t much you can do since you accepted the 10%. You can always ask your superiors for the additional 10% since you signed in good faith.

1 Answer | Asked in Employment Law, Cannabis & Marijuana Law and Employment Discrimination for Oklahoma on
Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.)

The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How... View More

Charles Watts
Charles Watts
answered on Apr 26, 2023

In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that... View More

1 Answer | Asked in Divorce and Employment Law for Oklahoma on
Q: What can happen to a lump sum unemployment payment I received after my husband filed divorce? Can he take half?

I received a lump sum of Oklahoma pandemic unemployment insurance money a month after my husband filed divorce. It’s in an unknown account & he does not know about it. It was from 2020 and they just now paid it out 3 years later. We decided it was more beneficial I stay home with our baby... View More

Charles Watts
Charles Watts
answered on Mar 19, 2023

Your question is a technical one. If you divorce has not been finalized then more often than not this will be viewed as marital income and would be subject to splitting. Intentional hiding of money is a major issue that should be avoided. Based on your other facts there may be a way around this... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Employment Law and Family Law for Oklahoma on
Q: Can Carter County combine a pending criminal case/allegation with a civil contempt child support case you're paying on?
Andrea Worden
Andrea Worden
answered on Mar 10, 2023

I think you are referring to money. County court clerks usually combine court costs and fines (on multiple cases) so that individuals have 1 payment to handle each month.

1 Answer | Asked in Business Law and Employment Law for Oklahoma on
Q: Can your employer require you to use your personal vehicle for business purposes?

My employer is requiring me to use my personal vehicle for work purposes. They are reimbursing mileage, so that is not the issue. The problem is that they would like me to transport computer equipment from one location to another. According to my auto insurance, their equipment I am transporting... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Feb 16, 2023

If the obligations for the transportation of equipment are not included in your employment contract, then the employer cannot force you to do it. I would recommend you to conclude an additional agreement with the employer in which to prescribe all the conditions and responsibilities for the... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: What type of attorney handles chemical inhalation exposure from work?

My boss when against company policy and made me other employees use metal files, and other tools not suitable for the job.

My job makes large electrical resin boxes that go in the ground, and it contains unsaturated, poly resin, silica, and fiberglass. The person who normally grinds the... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 14, 2023

You can start by reporting your experience to the Occupational Safety and Health Administration (OSHA). If you'd like to further consult with an attorney regarding this matter, an Oklahoma employment or personal injury attorney would likely be the best fit for your situation.

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

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