Category Archives: business law

Most Frequently Requested Legal Issues Explained

Tracy A. Cinocca Posted on by

In almost two decades of questions from the public at large, I have determined the top five issues people have that compel them to contact an attorney, & created a video for each. 5. Injuries. The public at large is concerned as it should be about what to do if injured. The answer to this question varies greatly depending on the facts and circumstances of your injury. We created a general video to talk about the large umbrella called “tort” law. What might be a tort and what may not be a tort? Could you have a claim? We recommend before contacting an attorney, if you are unsure, think about safety. Did someone fail to keep premises safe? You may already know the area of tort such as an automobile accident or a slip and fall. But what about a child who jumps on an oil rig and his leg … Continue reading →

Happy Father’s Day: Good Good Father

Tracy A. Cinocca Posted on by

Strong male figures are important in any person’s life. For many, this figure is a child’s father, but for others, it may be a step parent, sibling, teacher, boss, friend, co-worker, other male figure, or even God, as aptly sung in Good Good Father. This is a perfect day to express gratitude for those influences. This Father’s Day 2016 we want to celebrate “Good Good Fathers” and good men everywhere — which includes all those men who put forth solid effort! I see two issues that perplex many of today’s fathers. The first is how to prepare their children for the future economically. The second is how to have successful relationships. It is no longer enough to just teach your child to get an education and a good job. No longer are large publicly traded employers employee focused. They are primarily investor focused. This fundamental shift is apparent in age … Continue reading →

The Psychology of Litigation: Diagnostic & Statistical Manual of Mental Disorders

Tracy A. Cinocca Posted on by

Going to court can bring out stress. People do not always behave their best and it is usually one of the worst periods in a person’s life. Whether your lawsuit is against a formerspouse, employer, business partner, or another, it is not unusual for the pressure to push someone into an uncharacteristic mental state. This is what our blog series on the “Psychology of Litigation” addresses. Major stress factors in life include emotionally charged situations or big life changes. This includes Litigation. (See Holmes and Rahe’s (1967) Social Readjustment Ratings Scale here). Litigants should be prepared for the mental stress of Litigation and ready to run the Litigation course long term, if necessary. How different people deal with situational distress caused by litigation can be affected by whether they have a mental condition – diagnosed or not. If mentally healthy people suffer such distress, then imagine the different types of reactions … Continue reading →

Legal Aid Services of Oklahoma: A Golden Rule Resource

Tracy A. Cinocca Posted on by

Legal Aid Services of Oklahoma Legal Aid Services of Oklahoma “LASO” is an organization whose mission is “making equal justice for all a reality.” Established in 2001, as a result of the merger of Legal Aid Services of Western and Eastern Oklahoma, LASO is a registered nonprofit that provides civil legal assistance to low income individuals across Oklahoma. If an individual qualifies, they are not charged for any of the services provided by LASO. Funding for the services provided by Legal Aid come from the Legal Services Corporation, the State of Oklahoma, the Oklahoma Bar Foundation, 15 United Way or United Fund organizations, as well as generous donations from attorneys, firms, business, and individuals throughout Oklahoma. Those donations can be in the form of funds or the legal time provided by the attorney at no cost to you if LASO approves you for services. In most cases, many attorneys work pro … Continue reading →

How to Choose a Lawyer Video

Tracy A. Cinocca Posted on by

The first video I made several years ago is called “How to Choose A Lawyer.” Here is what I said which still applies.  First, you want to make sure that your attorney is qualified. Second, you want to see if you like the attorney’s personality and if you think they’re a good match for you. Third, you want to look at their business practices and procedures. Fourth, you want to have a feeling you can trust your attorney to do the right thing for you when you aren’t there. ARE THEY QUALIFIED? Choosing a lawyer can be a difficult and maybe overwhelming experience. There are so many choices and so many options. Of course you want your attorney to be qualified. You need to have an attorney who is qualified in the area of law, that your issue is in. Try to know and try to understand what area of law it is … Continue reading →

Tips for Development of Company Policies

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The first policy, as a business owner to write is a policy about when your employees will be paid and what they need to do to be paid. As a new company, you may want to investigate concerns such as privacy, confidentiality and non-compete agreements. However, these are tricky under state laws and especially, in employment-at-will states. You will need a very experienced lawyer to properly address these legal issues with you as well as your legal ramifications versus internal protection protocols you may need to develop. As a company gains experience, it should revise its policies one to two times per year based on the circumstances and situations they experience that may be different from what was originally anticipated when the first policies were written. As a company is blessed with longevity, every five years it should revisit its policies in light of developing and new technologies and changing … Continue reading →

Understanding and Developing an Employee Handbook

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Employee Handbook “Oklahoma jurisprudence recognizes that an employee handbook may form the basis of an implied contract between an employer and its employees if four traditional contract requirements exist: 1) competent parties, 2) consent, 3) a legal object, and 4) consideration. Oklahoma case law has established two limitations on the scope of implied contracts through an employee handbook: First, the manual only alters the at-will relationship with respect to accrued benefits. Two, the promises in the employee manual must be in definite terms, not in the form of vague assurances.” “… [I]n order to create an implied contract, the promises must be definite. Courts must distinguish between carefully developed employer representations upon which an employee may justifiably rely, and general platitudes, vague assurances, praise, and indefinite promises of permanent continued employment. Only when the promises are definite and, thus, of the sort which may be reasonably or justifiably relied on … Continue reading →

U.S. Employee Discrimination Laws

Tracy A. Cinocca Posted on by

Congress enacted a series of statutes in the 1960’s through the early 1990’s to control the pervasive problem of employment discrimination. These statutes include Title VII of the Civil Rights Act of 1964, The Age Discrimination in Employment Act of 1967 (ADEA), the Rehabilitation Act of 1973, and the American with Disabilities Act of 1990 (ADA), among others. The main purpose of Title VII is to influence primary conduct and avoid harm not to simply provide provide redress. Title VII prohibits discrimination in employment on the basis of race, sex, color, religion, or natural origin. “It shall be an unlawful employment practice for an employer─ (1) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, term, conditions, or privilege of employment, because of such individual’s race. color, religion, sex, or national origin; or (2) To limit, … Continue reading →

Employment Agreements Explained

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Employment Agreements Explained Confusion tends to exist among people about what constitutes an agreement. An agreement does not necessarily have to be in writing. It can also be oral. However, in the employment context, most employment relationships are not based on a written contract. An employee can be hired and fired at-will for any reason in this state that does not violate discrimination, retaliation or other similar statutes. “Under the American common-law rule, when the length of the master/servant relationship is unspecified by contract, either the employer or employee can terminate the employment without liability.” Without a written agreement specifying otherwise, employment can be terminated by either party at any time. In some states, this doctrine has been modified by exceptions that restrict the grounds for termination. The exceptions generally rest on three distinct theories: (a) Public policy tort, (b) Tortious breach of an implied covenant of good faith and fair dealing … Continue reading →

Understanding Wrongful Discharge

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Wrongful Discharge “The doctrine of employment-at-will is firmly embedded in the common law of Oklahoma. Under this doctrine, an employee with an employment contract of indefinite duration is at liberty to leave his or her employment for any reason or no reason without incurring liability to the employer. Notions of fundamental fairness underlie the concept of mutuality that extends a corresponding freedom to the employer. Thus, under the employment-at-will doctrine an employer is also at liberty to fire an at-will employee for any reason or no reason, without incurring liability to the employee.” However, Oklahoma courts did fashion a common law solution when employers attempt to disregard the letter and purpose of the law. In Burk v. K-Mart Corp., 1998 OK 22, the Supreme Court of Oklahoma held that, “An employer may be held liable when a termination violates a clear mandate of public policy. Courts determine what a clear mandate … Continue reading →