You're Fired! What to do when this unpleasant event occurs

Being fired from your job is almost always an unpleasant, if not devastating, experience. But if you believe you have been discharged unfairly, your first inclination may be to sue your former employer. The right to sue your former employer for wrongful discharge exists, however, in Oklahoma that right is very limited.

In Oklahoma, unless you are covered by an employment contract or a collective bargaining agreement, the law considers you an at-will employee. As an at-will employee, you may terminate your services to the employer for any reason. And your employer may terminate your services for any reason so long as the reason is not discriminatory in nature. In Oklahoma, discrimination is defined as a violation of current state and federal law regarding race, gender, age, ethnic origin, and religion. Oklahoma has not yet adopted a law prohibiting discrimination based on sexual orientation; therefore, a lesbian in Oklahoma discharged for her sexual preference alone has little or no recourse at this time.

Before you can file suit in either federal or state court for wrongful discharge, the law requires you to exhaust all administrative remedies available. Such administrative remedies may include mediation and arbitration provided for in most employment contracts; filing a complaint with the Equal Employment Opportunity Commission if you believe you have suffered discrimination; and filing a grievance through a union and filing a complaint with the National Labor Relations Board if you are covered by a collective bargaining agreement.

Even after you have been discharged, there is no guarantee that you will collect unemployment benefits. Unemployment benefits will be disallowed if you have voluntarily terminated your employment or if you were discharged due to misconduct. If you have been discharged and have not began work elsewhere, you should apply for unemployment benefits because the term "misconduct" has been defined very narrowly by the courts. For example, denial of unemployment benefits rarely occurs when the discharge has been for absenteeism even though the employer may have had an absentee policy in force. Each situation is different and you should seek legal advice to determine what remedies may be available in your particular case.

 

This column, while written by a licensed attorney, is NOT an attempt to provide legal advice, and the reader releases OutLook and OutLook Press, from any and all such claims. Each legal case is unique, thus we encourage you to contact your personal attorney for legal advice.