Employment Law
At Burton & Associates we strive to be a full service firm. Where injured workers have been terminated for filing workers' compensation claims, being off work for on the job injuries, testifying in workers' compensation hearings, or hiring an attorney to represent them in a workers' compensation claim, we can help. State law prevents retaliatory discharges of injured workers who are merely pursuing there rights under the law. A termination from employment of any kind can have lifelong consequences on employees and their families but where the termination is wrongful, we will be there when you need us the most. Below we have outlined some very basic rights regarding the employment status of someone who has been injured at work. If we can be of assistance to you, please do not hesitate to call or email with your questions. We're here to help!

Your rights
In Oklahoma an employee is "at will" or can be fired for any reason or no reason absent an employment contract. However, there are certain reasons for termination of employment that violate the law. Such reasons include discrimination based on race, religion, sex, gender, age, disability, serving on a jury, voting, or pursuing one's rights to workers' compensation.

If an injured worker is off work as a result of his or her injury and entitled to temporary total disability (TTD) during that period, the employer cannot terminate his or her employment for being absent from work. Likewise, an employer cannot terminate an injured worker merely in retaliation for filing a claim, hiring a lawyer, or pursuing his rights to workers' compensation. In addition, if a worker has been called to testify in a workers' compensation proceeding against the employer, he or she cannot be terminated in retaliation for giving said testimony.

Obviously, the problem in proving a wrongful discharge is proving the reason that the employee was fired. Proof can take the form of not only explicit statements but can also be based on timing of the discharge and patterns of similar history with other injured workers. If you feel that your employment will be threatened because of an on the job injury you have sustained, I would suggest that you make every effort to write down and/or record statements by supervisors and/or other employees that you feel will have a bearing on your case.