Oklahoma Wrongful Termination Laws

Oklahoma legislators have enacted a number of supplemental statutes enhancing and strengthening federal wrongful termination and discrimination laws, which are most commonly found in the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. These laws place limits on the “at will” nature of Oklahoma’s labor laws, permitting employers and employees to terminate employment “at will” except where those reasons are prohibited by federal and state regulations. Those laws also provide avenues by which employees victimized by wrongful termination and discrimination in the workplace can pursue remedies and compensation.

Oklahoma’s Specific Labor Laws

The laws enacted by Oklahoma legislators cover a wide range of protections from wrongful termination and discrimination in the following areas:

Benefit	State Law	Additional Benefits
Right to Work	Yes
State Minimum Wage	Same as FLSA for employers with at least 10 full-time employees or gross annual sales of over $100,000; $2.00 for all other employers	Maximum tip credit 50% for tips, food, and lodging combined; minimum wage for tipped employees $2.58
State Military Leave	Yes	Employees called into active duty with the Oklahoma National Guard have equal leave and reinstatement rights as provided under USERRA; leave allowed for state training, drills, or ceremony as well
Jury Duty	Yes	Unpaid leave; employee may not be required to use personal leave; reasonable notice to employer is required; employers with 25 or fewer employees may postpone jury duty for one employee when another is already serving
Voting	Yes	Paid time off, if required; not required if employee has minimum of 3 hours off after polls open or before polls close; employer has discretion in scheduling 2 paid hours off in most cases, more if distance from polling place requires it; request must be made at least one day in advance; employee required to show proof of voting
Garnishment	Yes	Employer fee $5 per payment for child support, maximum $10 per month; termination prohibited for consumer credit garnishment unless there is more than 1 per year
State Family & Medical Leave	No
Arrest & Conviction Records	Yes	Employers may not ask about any criminal record that has been expunged; employee may respond to such questions as though no criminal action ever occurred; employment may not be denied for failure to disclose sealed criminal information
Discrimination	Yes	For 15 or more employees; for age (40 or older); national origin; disability (physical or mental); gender; race; religion; genetic testing; military service; smoking
Whistleblower	Yes	For public employees, employer cannot terminate or discriminate against employee for reporting or testifying about OSHA and other violations, must allow opportunity for employer to correct; for public employees of state agencies, employer cannot terminate or discriminate for adverse reports in any area
Plant Closings	Yes	For companies planning a business takeover; company must file statement with state securities commission disclosing plans to close, relocate, or substantially change employment policies

*These laws change often, so consult local statutes for the most up-to-date information.

Oklahoma Discrimination Laws

Oklahoma discrimination laws also contain guidelines under which employees can file claims for discrimination or wrongful termination:

Oklahoma law requires employees to file such claims through state agencies before filing private civil actions
Employees are not permitted to file private civil suits unless state agencies exhaust their ability to pursue the case or drop it entirely
Employees do have the right to recover attorney’s fees in winning claims or lawsuits
Oklahoma discrimination claims must be filed within 180 days of the violation

Filing a Claim for Wrongful Termination

Not all situations which employees believe are cases of wrongful termination or discrimination can be considered so under Oklahoma law. Therefore, state agencies must first investigate those claims for validity. Once that is established, agencies generally attempt mediation or conciliation to solve the dispute. If those efforts are ineffective, the agency may choose to file a civil suit for the employee or allow them to retain an employee rights attorney to file a private civil suit.

Legal Remedies for Wrongful Termination

Whether through agency claims or civil lawsuits, state and federal laws provide a number of remedies for wrongful termination violations:

Reinstatement of benefits and position
Punitive damages
Lost wages
Compensation for stress and suffering
Attorney’s fees and court costs
Injunctive relief in the workplace

Additional penalties are included under Oklahoma law for employers who violate these specific aspects of discrimination and wrongful termination laws:

Jury duty – misdemeanor, with fines of up to $5,000, liable for past and future lost wages, damages for mental anguish, and costs of finding appropriate alternate employment

Garnishment – for noncompliance with child support withholding, liable for amount not withheld and fines of up to $200 for each payment not made.

Whistleblower – state officials may be suspended without pay, demoted, discharged, or put on probation for 6 months; for willful violations, court will forfeit their position and hold them ineligible for employment for 1 to 5 years

Employers have a duty to their company, their customers, but also their employees. No employee can have their rights ignored, abused, or sacrificed in order for an employer to have a healthy bottom line. Oklahoma provides the opportunity for employees victimized by their employers to file claims with EEOC agencies or the Human Rights Commission to find relief. And while they may not file private civil suits until those state options are exhausted or abandoned, they may still need to have the advice of an employee rights attorney to ensure that the agency is pursing every possible avenue of relief.

Local Resources

EEOC Regional Offices

Oklahoma Area Office
215 Dean A. McGee Avenue, Suite 524
Oklahoma City
Oklahoma 73102
405-231-4911 or 800-669-4000
TTY: 405-231-5745 or 800-669-6820
FAX: 405-231-4140