Were You Unfairly Fired for Weather-Related Absences?

The A&M TeamEmployment Law

Declared state of emergency, blizzards, snow, ice storms, wind, rain, and negative temperatures…what state is likely to have a winter like this? Oklahoma!

In February 2011, during Oklahoma’s most recent snowstorm, Governor Fallin declared a state of emergency. Many employees were forced to call into work because getting out of their driveways was nearly impossible. However, some employers did not close; therefore, employees were forced to call in an absence, loose pay, receive a write-up, or worse, be penalized or terminated. If you feel you were unfairly terminated as a result of a weather-related absence, contact an Oklahoma employment law attorney at Atkins and Markoff today to discuss your case.

COMPENSATION FOR UNFAIR EMPLOYMENT TERMINATION IN OKLAHOMA

The employment “at-will” doctrine, which is traditionally recognized law in Oklahoma, means that an employer may fire an employee for any reason at all: Good, bad or absolutely no reason at all. Some of the likely examples are poor attendance, inappropriate dress, insubordination or even weather-related absences. Consequently, employees feel their employers don’t care that their child is sick; their car was stolen; or the bank is foreclosing on their house.

On the other hand, most employers will not fire an employee unless tardiness or absences are consistent and unwarranted; work-product is insufficient; or work policies are ignored. However, there are limitations to the “at-will” doctrine, which are discrimination and retaliation.

An employment contract is signed by the employer and employee and will not allow the employer to terminate an employee at-will. This type of contract contains formal policy, procedure, and grounds for a termination. Thus, an employer, in a contract with an employee has a duty to follow the formal policy adopted by the company.

HOW CAN AN OKLAHOMA CITY EMPLOYMENT LAWYER HELP YOU?

When should you hire an attorney from the Oklahoma City law firm of Atkins and Markoff for a wrongful termination?

Do you have an employment contract?

Are grounds for termination stated in the contract?

Does your company adopt a formal policy and procedure for termination in the contract?

Was it followed when you were terminated?

Have you filed a grievance with your company according to the policy and procedure in the contract?

In some situations, an employer may be liable if under an employment contract. At this point, you should contact an employment lawyer in Oklahoma City for an initial consultation regarding wrongful termination. Employment law is very complex, so it is very important that the attorney you choose has extensive experience in this challenging field.