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Oklahoma Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Immigration Law for Oklahoma on
Q: If the employer in Oklahoma cannot fill an I-9 for an international, what other forms must they fill out?

I am a international who graduated from college last year and is currently married to an American Citizen. We've been told by an immigration lawyer that I'm technically allowed to work but I cannot fill out an I-9, are there some other forms that an employer must fill out in order to hire... View More

Howard Berkson
Howard Berkson
answered on Apr 20, 2017

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... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can an employer retroactively deduct wages paid due to payor source recoupment if the hours worked were assigned hours?

I'm a behavioral health case manager in OK. In Nov 2016 my employer notified me that due to the new overtime laws coming on 12/1/2016, I would need to choose whether I would change from salary to an hourly employee or a fee-for-service employee. I often worked 50 to 60 hrs a week, and they did... View More

Howard Berkson
Howard Berkson
answered on Apr 20, 2017

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... View More

1 Answer | Asked in Employment Law and Libel & Slander for Oklahoma on
Q: What can a former employer say about my time employed i with them.

I was let go from a job that i had been at for over 5 years, do to the recent oil bust, when i left i felt i left on good terms, but as i started turning in resumes i would get an interview and asked to fill out an application but wouldnt ever here back. Then about 4 months later a company asked me... View More

Howard Berkson
Howard Berkson
answered on Apr 20, 2017

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,... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Libel & Slander for Oklahoma on
Q: My girlfriends paralegal mother claims to have done a background check without my consent on me. We're in Oklahoma.

She claims to have found previous address's a crimenal history report of violence on me Wich I do not have. Drug charges Wich I do not have. My mother's last maiden name. And the other two states I've lived in. She claims to know everything about me. Is that legal?

Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 21, 2017

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.

1 Answer | Asked in Copyright, Employment Law and Communications Law for Oklahoma on
Q: Can a company publish my article in their yearly publication after firing me, without crediting me or permission?

I was employed by a destination marketing organization. I was terminated because I believe they wanted to hire someone who required a much lower salary, but they blamed performance. I did not underperform, in fact, much of what I accomplished there is still benefiting them. For example, I wrote an... View More

Will Blackton
Will Blackton
answered on Feb 22, 2017

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...
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1 Answer | Asked in Employment Law for Oklahoma on
Q: In Oklahoma, I understand that vacation, once earned according to the established company policy, becomes "earned and

"earned and due". Therefore, the vacation pay is due to the employee regardless of the situation in which the employee leaves the company, ie: involuntary separation or with no notice given (even if the company would like a notice given). Is that correct?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 19, 2017

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.

1 Answer | Asked in Employment Discrimination and Employment Law for Oklahoma on
Q: Can my boss make me go to a doctor because I left work early due to illness.

He told me not to come back without doctors note.

Brian Lehman
Brian Lehman
answered on Feb 8, 2017

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,... View More

1 Answer | Asked in Employment Law, Family Law and Juvenile Law for Oklahoma on
Q: Am I allowed to take my children to work with me?

I work for my father is a small family business with only 4 employees, including me. He told me I could bring my kids to work when they're not in school so I could save money on daycare since its usually just me in the office most of the day. But now he's worried about if there are child... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

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.

1 Answer | Asked in Employment Law for Oklahoma on
Q: if i work over 40 hrs a week by ok. state law are they required to pay me overtime wages

if only 40 hrs a week are claimed and anything over isnt claimed is that illegal

Marshall Jason Ray
Marshall Jason Ray
answered on May 5, 2016

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... View More

1 Answer | Asked in Employment Law and Small Claims for Oklahoma on
Q: what steps/rights do I have to get my personal property back?

I was fired from job and trying to get personal property back...even though she made arrangement for me to come that day at 5:00 and she didn't show up. she refuses to give me my personal items back. I have called, text, reg letter. 3 months later, she sends me a text and tells me she has put... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 25, 2016

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.

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Oklahoma on
Q: I have been notified that my unemployment insurance award is being appealed by my former employer.

They have hired 3rd party people to represent them at the hearing. I assume they are lawyers. Do I need a lawyer to represent me at this hearing? Also, I live in Alabama but my UI claim is going through the OK Employment Security Commission.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2016

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.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Is an employer require to provide written termination to an employee upon request?

I work fast food, and still on the clock. A shift manager and I got into a verbal argument where she then told me I could go home if I wanted to. I refused. She then claimed I was fire upon which I requested it to be in writing. I am concern she will claim I quit.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 7, 2015

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?

1 Answer | Asked in Communications Law and Employment Law for Oklahoma on
Q: Is my father in legal trouble or does he have a case?

My father recently left his job to pursue his own business as a contract welder. The main reason was because Fed Ex asked him to go independent because they didnt like going through my father's employer to get my dad to come work on their docks. Now, since he has gone independent, his ex... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 24, 2015

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... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Does a verbal resignation carry the same weight as a written resignation?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 22, 2015

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.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Worked at Abc supply in Stillwater oklahoma for almost 6 years took a voluntary layoff never called back what can I do

I have the most sinority there didn't get my bonus I worked so hard for everybody else got there's what can I do to get compensated

Howard Berkson
Howard Berkson
answered on Oct 13, 2014

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... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Do I need an employment law attorney?

I have a wage case just not sure if I should consult attorney or just take

evidence to the labor board. Me and my wife took a job at a townhome

community in Claremore. At the time it had been neglected for several years.

We remodeled one unit and the owners were satisfied... View More

Howard Berkson
Howard Berkson
answered on Oct 13, 2014

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... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can an employer add a new territory to your work load which is in a different state? With no increase in pay.

In addition to my current workload they added another territory in another state to manage. They didn't ask me if I was okay with this nor did they adjust my pay. My original offer letter was for only one state not two. This will take additional time away from my family again without a new... View More

Howard Berkson
Howard Berkson
answered on Oct 13, 2014

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... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Does a federal felony from 6or7 years ago show up for an employment background check

The crime was cashing fake checks

Howard Berkson
Howard Berkson
answered on Oct 13, 2014

If you were convicted of a federal felony 6 or 7 years ago, it will likely show up in an employment background check.

2 Answers | Asked in Employment Law for Oklahoma on
Q: Is it legal for a General Manager (who gets salary) at a restaurant to pick up waiters shifts for tips?
Howard Berkson
Howard Berkson
answered on Oct 13, 2014

It is legal for a management employee who is paid on a salary basis to receive tips from customers.

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1 Answer | Asked in Employment Law for Oklahoma on
Q: Under FLSA, how should a non-exempt employee be compensated for time spent traveling to and from out-of-state training?

A non-exempt employee is required to attend training in another state. The training will consist of 34 hours over 5 days (regular work days). If travel time exceeds 6 hours, will the employee receive compensation for that time? If so, should it be figured as straight time or overtime?... View More

Howard Berkson
Howard Berkson
answered on Oct 13, 2014

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... View More

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