Wrongful Termination in Oklahoma
What Is Wrongful Termination?
While an employer does have discretion over the hiring and firing of employees, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates Oklahoma law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
The Oklahoma Bar Association states that no employer can terminate an employee for discriminatory reasons. Firing someone because of race, sex, or sexual orientation is illegal. In addition, an employer cannot breach an existing contract.
Types Of Wrongful Termination
In Oklahoma, there are many different instances where wrongful termination can take place. Employers may also be ignorant of labor laws and not realize they have made mistakes. This is why big corporations rely on human resources experts.
You should always contact an attorney if you suspect you have been through a wrongful termination. The following sections outline some of the red flags that you may recognize.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. Oklahoma state, federal, or local laws prohibit these reasons.
According to the Tulsa Law Review, Oklahoma is an “at-will” employment state. This means your employer can fire you at any time, without notice, so long as the firing does not violate the law.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. Some states prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
Suppose you believe you have been penalized or fired in Oklahoma for one of these discriminatory reasons. In that case, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced Oklahoma attorney can help you know what to expect.
Retaliation
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in a state investigation. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
The Oklahoma Whistleblower Act shields employees from retribution from their employers. No employer can retaliate against an employee who exercises his or her rights in reporting illegal or unsafe practices. In addition, a conviction is not necessary for the employee to receive protection from retaliation.
Some state legislatures have also banned employee termination for taking time off to vote, jury duty, or military service.
What To Do If You’ve Been Wrongfully Terminated in Oklahoma
You may deserve compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact dedicated and qualified wrongful termination lawyers in Oklahoma. Discuss your circumstances and the state laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether.
Oklahoma residents have up to 300 days to file their claim with the EEOC. If this time limit lapses, you will be beyond the statute of limitations.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced Oklahoma wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Oklahoma employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there, but not all cases make it to a courtroom and end with a settlement.
Workplace Fairness instructs you to contact your local EEOC office if you are a witness to activity that violates the law. You must file a claim in person, or in writing. However, because these responsibilities are split between two organizations, you can also file with the Oklahoma Human Rights Commission.
Why You Should Hire a Wrongful Termination Lawyer
Filing a wrongful termination lawsuit can be intimidating. However, speaking to experienced wrongful termination lawyers in Oklahoma can help you to understand what legal rights you have as a victim.
Our company charges no fees to connect you with legal services. Some Oklahoma attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified Oklahoma attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across Oklahoma state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with experienced wrongful termination lawyers in Oklahoma!
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