Administering and policing Family and Medical Leave Act requests means reviewing medical reports submitted by employees in support of their absences. When something looks fishy about an FMLA medical certification, the...more
Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a “complete...more
A large convenience store chain recently learned about the Equal Employment Opportunity Commission’s intention to challenge how employers use arrest and conviction records to make hiring decisions....more
Do you have any idea how long I have waited for the chance to use the term “meatheads” in the title of an article? Thanks to the Equal Employment Opportunity Commission, I now have that opportunity....more
Oklahoma and Arkansas medical marijuana laws -
Oklahoma and Arkansas have enacted medical marijuana laws with similar features. In Oklahoma, an individual may qualify for a state medical marijuana license permitting them...more
Although it involves Texas law, a recent case illustrates the pitfalls that an employer can face when a former employee makes a claim for commissions or compensation after their employment has ended. It also offers...more
Under some circumstances, Oklahoma law recognizes that terminated employees may pursue a public policy wrongful discharge claim against a former employer. These claims allow a narrow exception to the employment at-will status...more
Under some circumstances, Oklahoma law recognizes that a former employee may sue their employer for wrongful discharge if they were fired for performing an act consistent with Oklahoma public policy. One example is...more
When an employee complains of unfair or discriminatory treatment, employers should promptly and thoroughly investigate such a complaint. A quality investigation can solve a problem and avert potential litigation. If a lawsuit...more
Under Oklahoma law, employees who are terminated from their jobs in violation of Oklahoma public policy may, in some cases, file a wrongful discharge lawsuit against their former employer. Increasingly these lawsuits involve...more
On January 31, 2020, U.S. Citizenship & Immigration Services (USCIS) announced the release of a new version of the I-9 Employment Eligibility Verification Form. The new form, which has a version date of 10/21/2019, contains...more
Suppose you have an applicant or employee who is currently healthy, but you are concerned they may develop an impairment or condition in the future. Can an employer make any decisions based upon that concern without violating...more
An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more
When Oklahoma’s new medical marijuana law goes into effect this Friday, August 30, employers will have more ways to maintain a safe workplace.
Under the current law, employers have been able to discharge any employee who...more
8/28/2019
/ Adverse Employment Action ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
State Labor Laws ,
Workplace Safety
Ever been frustrated by a former employee unfairly using your confidential business information and trying to take your customers? As it turns out, tattoo artists have trade secrets, too.
Keith “Bang Bang” McCurdy is the...more
3/22/2019
/ Artists ,
Breach of Contract ,
Competition ,
Confidential Business Information (CBI) ,
Foreign Workers ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Misappropriation ,
Tattoos ,
Trade Secrets ,
Unfair Competition
In November we alerted employers that an Oklahoma City federal court jury awarded Rachel Tudor, a transgender employee, $1.165 million in her discrimination, retaliation and hostile work environment lawsuit against...more
3/26/2018
/ Civil Rights Act ,
Hiring & Firing ,
LGBTQ ,
Motion for Reconsideration ,
Professors ,
Reinstatement ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
State Universities ,
Tenure ,
Title VII ,
Transgender
Courts have disagreed on whether an employer discriminating against an employee based upon their sexual orientation violates federal anti-discrimination laws. Yesterday’s ruling by a New York federal appeals court means this...more
A Form I-9 is used for verifying the identity and employment authorization of individuals — both citizens and noncitizens — hired for employment in the United States. All U.S. employers must ensure proper completion of Form...more
When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as...more
7/15/2017
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Essential Functions ,
Hiring & Firing ,
Job Offers ,
Jury Trial ,
Medical Examinations ,
Past Performance ,
Reasonable Accommodation ,
Temporary Employees ,
Withdrawal
Don’t get me wrong: Firing an employee while they are on a Family and Medical Leave Act (FMLA) absence is dicey. But, as a recent federal appeals court decision that covers Oklahoma employers demonstrates, there are...more
For many years, law enforcement was a male-dominated profession. Recently, police and sheriff departments have made strides to increase the number of female officers. All employers must ensure they are treating male and...more
It’s been awhile since Oklahoma’s Supreme Court weighed in on the ability of fired employees to sue their employers for wrongful discharge. Now a vomiting nurse gets to take a shot at the nursing center that terminated his...more
Taking action against an employee after they return from a Family and Medical Leave Act absence can expose an employer to claims of FMLA retaliation. But sometimes it takes an employee’s absence to learn about that employee’s...more
Employers often ask how long they should keep the applications of unsuccessful applicants. Based on the Equal Employment Opportunity Commission’s recent enforcement actions, it’s important to know the right answer to that...more
On Monday, the U.S. Supreme Court ruled in favor of the Equal Employment Opportunity Commission and against Abercrombie & Fitch Stores Inc. in a religious discrimination lawsuit involving a Muslim job applicant at its Tulsa,...more