Labor and Employment

Labor and Employment Attorneys:
Gregg G. Fuller | R. Michael Cole | Brad D. Fuller

• Discrimination
• Wrongful Termination
• EEOC Matters
• Contract Dispute

Discrimination

It is illegal to discriminate in hiring, promotions, termination (known as wrongful termination) or other aspects of employment on the basis of a person’s race, gender, national origin, religion, disability, or age, or to retaliate against an individual for opposing such practices, or consulting an attorney or the United States Equal Employment Opportunity Commission (EEOC) or equivalent state entity (in Oklahoma, the Oklahoma Department of Human Services (OKDHS) in Oklahoma City). In addition, various states, counties, and cities, also outlaw employment discrimination and wrongful termination on the basis of other classifications such as: marital status, military service, parental status, etc.

Employment discrimination and wrongful termination claims can be difficult because the employee has to prove that the reason he was fired (wrongful termination), not hired, not promoted, or otherwise harassed is because of his (or her) “protected classification”. By protected classification, we mean a person’s gender (male or female), race (black or white), national origin (Hispanic, Asian, African, or having parents or grandparents from anywhere outside of the United States), age (over 40), or disability. In this sense, the employee has to prove why the company did it.

In the case of religious discrimination, and disability discrimination, it may also be illegal for an employer to deny reasonable accommodations to an employee. For example, absent extenuating circumstances, an employer cannot require a person to violate his or her religious beliefs such as working on the Sabbath, eating a forbidden food, or using alcohol if doing so is against the person’s religious principles. Instead, the employer must make an accommodation enabling the employee to do his job without violating his religion. Similarly, an employer must accommodate the disabilities of its employees if those disabilities meet certain standards. If a company terminates an employee without considering an accommodation, this too can be wrongful termination.

Wrongful Termination

Most employees are employed "at will." This means workers can be terminated for any reason — or for no reason.

There are some important exceptions, however. You cannot be terminated because of your gender, age, race, ethnic background, religion or because of a disability or pregnancy. This is a federal crime under the Civil Rights Act, handled through the EEOC (Equal Employment Opportunity Commission).

You also cannot be terminated because you reported illegal conduct to your employer or authorities, or as reprisal for refusing to participate in unlawful activities in the performance of your job. Whistle blowers are protected by federal and state statutes. You may be eligible for punitive damages if your employment ended because of retaliation and you can demonstrate you were injured economically and/or emotionally.

• Filing a workers' compensation claim
• Exercising your constitutional rights
• Jury duty, subpoenaed testimony, military service (National Guard) or any other government obligation
• Reporting health code violations

Equal Employment Opportunity Commission Matters

The United States Equal Employment Opportunity Commission, more commonly known by its initials, EEOC, was created as part of the Civil Rights Act of 1964 to enforce Title VII. Today, the EEOC is also responsible for enforcing other anti-discrimination laws like the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Equal Pay Act (EPA), though the latter provides an independent cause of action in Federal Court.

Before filing a Federal law suit for discrimination or harassment, one must first file a charge of discrimination with the EEOC. The EEOC then investigates the charge by asking both the employee, known as the Complainant, and the employer being charged, known as the Respondent, for documents and information relevant to the charge. At the end of its investigation, the EEOC may do one of three things: 1) Close its file without completing the investigation; 2) Conclude that it was unable to establish a violation of the law; or 3) Conclude that there is substantial evidence of a violation. This last is sometimes called a "Cause Determination."

If the EEOC closes its file without completing the investigation, or is unable to conclude that discrimination or sexual harassment took place, it will issue a Notice of Right to Sue. The Complainant then has 90 days to file her case in Federal Court. Once that 90 days has passed the employee loses her opportunity to file in Federal Court. This is a very dangerous deadline and must be watched carefully.

If the EEOC makes a Cause Determination, it will try to “conciliate” the case by achieving a settlement between the parties and in addition, require the employer to take certain affirmative steps to prevent discrimination or sexual harassment from happening again in the future. If those efforts should fail, the EEOC has the right to file its own case against the employer and the employee can join that case with her own attorney. If the EEOC does not file its own case, it will issue a Notice of Right to Sue, and again the employee has only 90 days to file in Federal Court.

The reality is that the EEOC does not often make Cause Determinations and rarely files its own case. But many of these cases are still filed in Federal Court, and it is possible to win a case in Federal Court or settle it, even though EEOC did not make a finding in your favor.

Contract Dispute

In Oklahoma, most workers are "at will" employees, meaning that their employer can generally do so with or without cause. While employers are prohibited from terminating a worker for legally protected reasons like gender, race, ethnicity, religious preference, national origin, pregnancy, disability and age, employers could fire someone simply because they don't like them. Employees with an employment contract, however, can only be fired by violating conditions set forth in the agreement. Employment contracts often include prohibitions on taking company property and requirements that certain goals be met.

A breach of employment contract can range from violation of a severance agreement to questionable action by employers (such as terminating an employee before a large commission or bonus would be paid). At the law offices of Fuller, Chlouber & Frizzell, L.L.P., our experienced lawyers represent employees throughout Oklahoma in claims against their employers.

Whether an employment contract is written, oral or implied, it may contain as many terms and conditions as both parties are willing to agree upon. From specific employment durations to layoffs to terminations for good cause, we handle claims involving:

• Lost wages and benefits
• Potential future wages
• Breach of a non-compete agreement
• Severance agreement violations
• Wrongful termination
• Bad faith claims

Our firm's experience handling business contract disputes on either side of the issue gives us valuable insight into how contracts should be drafted and how to attack or defend violations. We understand that both time and money are critical for an employee fired due to an alleged breach of employment contract. By focusing on quantifiable harm suffered, we strive to quickly negotiate settlement terms agreeable to all, all the while preparing each case for litigation if necessary.

Whether the contract was written or implied, it is also important to consider if a breach of employment contract involves bad faith by an employer. For example, an employer who fires an employee for taking company property without permission because they took home work after-hours can be seen as acting in bad faith. Such an unreasonable interpretation of an employment contract provision regarding company policy may give rise to an employee's claim that the employer breached the contract.

Fuller, Chlouber & Frizzell, L.L.P. business lawyers are skilled negotiators and tenacious litigators. If you believe your employer has violated the terms of your employment contract, contact our law firm to discuss your situation in a confidential consultation.