OKLAHOMA EMPLOYMENT LAW
Employment Law (referred to also as Labor Law) includes numerous issues relevant to the relationship between an employer and his employees such as disability law, sexual harassment, wages and hours, wrongful termination, health and safety, discrimination at the workplace and hiring and termination practices. Get in touch with an Oklahoma employment attorney if you have a complicated legal matter that you need resolved, such as discrimination, wrongful termination and sexual harassment. These matters generally involve an extensive amount of evidence collection that an Oklahoma employment lawyer can help with.
Why Hire an Oklahoma Employment Attorney?
The connection between federal and state law in Oklahoma employment law must be carefully explored and convincingly asserted for success in your case. An Oklahoma employment attorney can best explore this connection in addition to assisting you to submit a wage claim, structure a discrimination complaint against your employer, file a wrongful termination case, and just generally help you decide if you have a claim worth pursuing under Oklahoma employment law.
Wrongful termination claims may be particularly challenging for an employee to file, as communication with the employee's former employer is required. An Oklahoma employment lawyer can assert a worker's claim against his former employer, deal with the employer, and provide helpful advice on what steps the worker should take.
In addition, an Oklahoma employment lawyer can explain your benefits and rights under Oklahoma employment law and can help you file a complaint with the Oklahoma Department of the Labor Commissioner.
Wrongful Termination in Oklahoma
Employment in Oklahoma is "at will," meaning that a worker can quit his job whenever he wants, and an employer can fire one of his employees at any time and for any reason so long as the reason is not against the law. However, if the employee has an employment contract, he can only be fired for reasons listed in his employment contract.
It is illegal to fire an Oklahoma worker for:
If the reason for your termination is illegal, you may file a claim for wrongful termination. Speak with an Oklahoma wrongful termination attorney if you have questions or are unsure how to file a wrongful termination claim.
Federal and Oklahoma law forbid the termination of a worker for a discriminatory reason. If a person has the requisite experience for a job but is either not hired or is fired because of, for example, his disability or his age (over 40), the employer's actions are illegal. In addition, pregnancy, if it is seen as a disability, cannot be the reason for an employee's termination. It is also wrongful termination to terminate an employee based on national origin, religion, sex and/or race. Discuss your potential claim for wrongful termination with an Oklahoma wrongful termination attorney.
Employee Wage/Hour Concerns in Oklahoma
Effective July 24, 2009, the minimum wage in Oklahoma is $7.25 an hour. All workers in Oklahoma must be paid at least the minimum wage. According to Oklahoma law, employees must be paid at least twice a month. State, county, municipal and exempt employees need only be paid once a month.
If your employer has not paid your wages, you should talk to an Oklahoma employment attorney who can help you complete and submit a "Wage Claim" with the Oklahoma Department of Labor.
Overtime pay is mandated by the federal Fair Labor Standards Act, and is enforced by the United States Department of Labor, Wage and Hour Division. Employees in Oklahoma must be paid overtime wages of at least 1.5 times their normal rate of pay for any hours they work over 40 a week. If you think you have a claim for unpaid overtime pay, you should discuss your claim with an Oklahoma employment lawyer.
Seek counsel from an Oklahoma employment attorney about how to submit a claim for unpaid wages or overtime pay, or if you have general questions about employee wages in Oklahoma.
Oklahoma Employment Benefits
In Oklahoma, workers are not required to provide benefits (paid vacation days, sick leave, and/or health or life insurance). Rest and meal breaks are considered benefits that may be provided by an employer, but are not mandated by Oklahoma law unless the workers are under age 16. Oklahoma disability law also does not provide short-term disability leave or paid maternity leave. But, the federal Family and Medical Leave Act (FMLA) does require that 12 weeks of unpaid maternity leave be provided.
In Oklahoma, disability law provides compensation depending on the categorization of a worker's disability, to workers who have been injured on-the-job or who have developed occupational illnesses. However, as previously stated, workers who are injured or become ill outside of the workplace will not receive compensation for their medical conditions. If you have been injured and think you have a case under Oklahoma disability law, you should seek advice from an Oklahoma employment attorney.
Oklahoma Employment and Labor Laws
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