Your employer can illegally fire you. If this happens, you have grounds for a lawsuit against your employer. You can file a wrongful termination lawsuit based on workplace discrimination or any other issues you dealt with prior to your dismissal.
At BDIW Law, an Oklahoma employment law attorney can take the guesswork out of wrongful termination lawsuits. If you believe you were illegally fired from your job, please reach out to us. An Oklahoma wrongful termination lawyer can help you hold your employer accountable for their actions.
How Wrongful Termination Is Treated in Oklahoma
Oklahoma is a state with at-will employment. This means an employer can fire a worker without notice and for any reason. Regardless, it is illegal for an employer to dismiss a worker if they violate any state and federal laws.
There are several instances in which you may have grounds for an illegal termination lawsuit in Oklahoma. These include:
The U.S. Equal Employment Opportunity Commission (EEOC) protects anyone who gets fired, harassed, or demoted at work based on any of the following criteria:
- Ethnic background
- National origin
The team at BDIW Law does not tolerate discrimination under any circumstances. If you are the victim of workplace discrimination and have been wrongfully terminated, please let us know. Our Oklahoma wrongful termination attorney can help you file a discrimination lawsuit against your employer.
You can get injured at work through no fault of your own. At this time, you may get medical help to treat your injury. Conversely, your employer may encourage you not to file a workers’ compensation claim — despite the fact that it may be in your best interests to do so.
In Oklahoma, you have up to 30 days from the date you suffer a work injury to report the injury to your employer, according to the Workers’ Compensation Court of Existing Claims. If you do not report your claim during this period, it may be difficult to pursue a workers’ comp claim down the line. In addition, your employer can still fire you and claim they had no knowledge of your work injury and are unwilling to pay for it.
If you get injured at work, and your employer fires you, now may be the time to file a lawsuit. A wrongful termination lawyer in Oklahoma can use any reports relating to your work injury as evidence to support your claim. They will work diligently to help you secure the most damages you can get from your employer.
Family and Medical Leave Act (FMLA) Violation
Under the FMLA, you can take an unpaid leave of absence from your job for up to 12 weeks. The act states employees are eligible to take 12 weeks of leave time if they meet any of the following criteria:
- Gave birth to a child or need to take care of a newborn child within the first year of birth.
- Are adopting a child, taking a child as part of foster care, or caring for a newly placed child within their first year of placement.
- Are taking care of a child, spouse, or parent who is dealing with a serious health condition.
- Are dealing with a serious health condition that makes it impossible for the employee to perform their job.
- Have a qualifying circumstance based on the fact that their child, spouse, or parent is covered as a military member on “covered active duty.”
Along with these criteria, an employee may qualify for 26 weeks of leave during a 12-month period. To qualify for this amount of time, the employee must be taking care of a covered servicemember who is dealing with a serious illness or injury. The employee must also be the servicemember’s child, spouse, parent, or next of kin.
Unfortunately, an Oklahoma employer can fire you because you are taking advantage of FMLA benefits. In this scenario, a wrongful termination attorney in Oklahoma can help you fight back against your employer. Your lawyer will work with you to build a case that shows a judge or jury that your employer wrongfully fired you.
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When to File a Wrongful Termination Lawsuit in Oklahoma
Depending on your claim, you may have up to three years to seek compensation from an Oklahoma employer that wrongfully terminates you. If you are concerned that you were fired wrongfully, meet up with an attorney. Next, the attorney can go over your case with you, and you can get the insights you need to determine if you should file a lawsuit.
The best wrongful termination lawyer makes sure that their client’s lawsuit is filed right away. After the lawsuit is submitted, the lawyer works in lockstep with their client to develop a compelling argument. The attorney also answers any legal questions that their client has and prepares this individual for their trial date.
Over the course of your litigation, you may have the opportunity to resolve your case before you go to trial. Your lawyer will keep you in the loop about any settlement offers. If you get one, you can review it with your attorney and then decide whether to accept, reject, or counter the proposal.
How to File an Oklahoma Wrongful Termination Claim
Initially, you should consult with a lawyer who specializes in wrongful firings. It helps to read an attorney’s client testimonials. You can then get a good idea of what it is like to work with this lawyer.
You can discuss your case with an attorney and hire them. The lawyer will file your lawsuit in alignment with Oklahoma’s laws. They will help you establish realistic expectations for your case.
Do not expect your wrongful termination case to get settled right after you file your claim. Generally, it takes months or years before a wrongful firing lawsuit is resolved. If no settlement is reached prior to your trial date, you and the defendant in your case will present your respective arguments to a judge or jury.
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BDIW Law Is Ready to Help You with Your Wrongful Termination Case
The BDIW Law team has plenty of experience with wrongful dismissal claims, and we can share our legal knowledge and insights with you. To get started, please contact us today.
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