Oklahoma Employment Legal Questions

While an employer cannot fire someone for seeking or asking about unemployment, it would be your burden of proving that the firing was for that purpose. In Oklahoma, the workforce is generally an at-will employment environment (with few exceptions), where no reason at all can be a basis for firing (or for an employee leaving employment, also). If your hours have been drastically cut, it could be that you have been constructively fired and you would be allowed to quit and still be able to obtain unemployment compensation. But, be very careful with this, as there are pitfalls & consequences in just quitting a job (such as not being eligible for any unemployment compensation at all). You should seek the advice of an attorney in your area before you take such a drastic step as leaving your employment, but don't wait too long to talk to one, as in Oklahoma, if you accept the new terms of employment, you may not be entitled to unemployment compensation.... Read More

Oklahoma is an at-will employment state, so generally, one can be fired for no reason at all. You should file for unemployment. Now then, if you believe the firing was discriminatory, you can file either an EEOC complaint, or, if there aren't enough employees for a federal claim, you can file with the human rights entity. There is a limited time you can file a discrimination or unemployment claim, so the sooner the better. Get your evidence together to help prove your case.... Read More

I am not sure what the laws in your state may require so you should speak to an Oklahoma attorney.  My guess is that unless there is a union contract that requires this, they may not have to show you documents.  But, if it turns out that the company is just trying to get you for reasons such as discrimination and retaliation, then their refusal to show you documentation that you were truly selected at random may prove that it is just a pretext for discrimination, regardless of whether they are required to show you a document or not.  ... Read More

If the employer relies upon a rrport prepared by a third party, the employer is required by the Fair Credit Reporting and Disclosure Act to identify the source of the report and to provide a copy of any information in which it based its judgment. If the employer does the checking using its own employees it need not do so.    Michael Caldwell 404-979-3150... Read More

Your question is more complex than you may believe.  Generally, an employee is exempt or non-exempt.   That is, you usually can't be both.  If you are "exempt" you would not be entitled to overtime pay for hours worked over 40; if you are "non-exempt" you would be.  So, the real issue in your case may be "classification;" do you really qualify as "exempt?"  Generally, the Dept. of Labor looks at the amount of "non-exempt" work an employee does as a crucial factor in whether the employee is "non-exempt" or "exempt".  For instance, a company could employ an accountant whose primary job is to calculate payrolls.  He or she spends 70% of their time doing those calculations.  The calculation work is clerical, not "exempt."  Even though the person is an accountant, the fact he or she is spending the vast majority of their time doing clerical work may render them "non-exempt" in the eyes of the Dept. of Labor.  Also, generally an employee can't be exempt as a "supervisor" or "manager" unless they directly supervise at least 2 other people and are paid not less than $455 per week.  So, in your case, the real question may be whether your position really qualifies as "exempt" under the Dept. of Labor (Wage and Hour Division) regulations.  If it does, you are not entitled to overtime, but if it does not you are entitled to receive time and 1/2 for all hours worked over 40 in a workweek.  Your situation is even more complicated due to the fact your are administering clinical care.  If you have questions I suggest you contact your local Dept. of Labor office.... Read More