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Recent Posts in Wrongful Termination Category

  • Air Force reservist files federal wrongful termination suit

    Previously in this space, we have discussed the fact that it is illegal under federal law to discriminate against an employee on the basis of his or her military service, even if that service takes the individual away from his or her job for periods of time. The Uniformed Services Employment and Reemployment Rights Act protects the right of members of the armed forces to be free from ...
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  • What is a 'prima facie' case in a wrongful termination suit?

    Several weeks back, this blog discussed the way the federal 10th Circuit Court of Appeals, which covers federal courts in Oklahoma, approaches lawsuits for wrongful termination based upon discrimination when the claim is predicated on circumstantial evidence. We looked at a three-part burden shifting test the court used, following precedent from the U.S. Supreme Court. This week, let's take a look ...
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  • Wrongful terminations lawsuits may be subject to three-part test

    We have discussed before the ability of Oklahoma residents to potentially bring lawsuits in federal court due to unlawful termination based upon discrimination. Generally, these lawsuits rely on Title VII of the federal Civil Rights Act to set out a cause of action against the putatively guilty employer. But, how do courts decide whether a person has been terminated for an illegal reason in a ...
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  • Oklahoma law limits damages for wrongful termination plaintiffs

    In previous posts, we have discussed the various reasons why it is unlawful for Oklahoma employers to discriminate against employees or prospective employees. We have also touched on various potential avenues of redress for individuals that believe they have been illegally discriminated against, including the federal Equal Employment Opportunity Commission or EEOC, the state Attorney General's ...
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  • When can employer request employee's genetic information?

    Last month, this blog covered the fact that employers are not allowed to discriminate in employment decisions, including hiring, promotion or termination of employees based upon the employee's genetic information. You may recall that this is the result of a federal law called the Genetic Information Nondiscrimination Act (GINA). But, why might an Oklahoma employer have one's genetic information to ...
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  • What is wrongful termination based on genetic information?

    This blog has discussed many of the common types of employment discrimination. The prohibition against discrimination in, or termination of, employment based upon race, ethnicity, gender, or religion is generally well-established. But modern science has added a new wrinkle to the employment discrimination landscape: discrimination based upon genetic information. Due to advances in genetic ...
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  • When can wrongful termination occur under an employment contract?

    This blog has previously discussed the at-will employment doctrine in Oklahoma, and what that sometimes means for suits involving wrongful termination. To review, the at-will doctrine presumes that, absent evidence to the contrary, employers and employees intend for any employment to be for an indefinite length of time, and that either party can terminate the relationship for any or no reason ...
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  • Wrongful termination in Oklahoma: settlement or litigation?

    Let's say you have been working for an employer for a number of years. Your performance reports have been acceptable, and, as far as you know, your supervisors and their bosses have been satisfied with your abilities. Then, unexpectedly, you are terminated from your position. You may be experiencing many conflicting emotions: surprise, anger and betrayal, not to mention the stress of suddenly ...
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  • What does 'employment-at-will' mean in Oklahoma?

    For many people, especially those who have been working for one employer for many years, their workplace is almost like a second home. This can sometimes lead to a sense of security in the fact that, unless one does something very wrong, his or her employer can't just suddenly terminate the relationship. Unfortunately, in many cases, this premise is not correct. Ever since the late 19th-century , ...
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  • For what reasons must an Oklahoma employer allow time off?

    Oklahoma is what is commonly called an at will state when it comes to employment law. This means that, as a general matter, employers can terminate, or fire, an employee at any time for any or no reason. There are however, some limitations of this power that management has, which are found in both state and federal law. For example, an employee who has a contract cannot be fired except for those ...
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  • Wrongful termination claims in Oklahoma may be complicated

    Various laws, both at the state and federal level, protect Oklahoma employees from multiple forms of discrimination and wrongful termination. Given the dizzying array of statutory and regulatory issues, added to the veritable alphabet soup of acronyms, and it may be difficult to know where to even begin. Your first step should be to identify exactly how you may have been wronged by your employer. ...
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  • Is age discrimination prohibited by law?

    Most Oklahomans are probably aware that employers are not allowed to discriminate in the hiring and promotion of employees on the basis of race, ethnicity or religion. Some may wonder, however, if there are other categories of people against whom an employer may not discriminate. In fact, there are several, but one of the less well-known categories is that of age. Title 29 of the U.S. Code ...
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  • After acquittal, Oklahoma man files wrongful termination lawsuit

    A wrongful termination lawsuit might arise out of a wide variety of circumstances. What all wrongful termination lawsuits have in common is that an individual feels that he or she was relieved of his or her employment for a reason that is not just. For an Oklahoma man who formerly worked as a police officer, that lawsuit arose following allegations of criminal activity. Several years ago the man ...
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