Ms. Cinocca litigates serious discrimination cases and retaliation cases only. These cases usually involve long term employees or cases with direct evidence. We realize that many people have claims with merit, regardless of whether we are able to take that case or not. For would be clients or anyone experiencing work problems, we have prepared this video to help you prepare your issues with your employer for discussion with an attorney. If you would like to schedule a consultation with us, please also complete the EEOC Initial Intake Worksheet for Discussion Purposes. It requests pertinent information and will help you organize your thoughts, learning what information is of particular initial importance. If your case is already pending with the EEOC or Oklahoma Civil Rights Enforcement Division of the Oklahoma Attorney General’s Office provide us with those documents to consider your case.
SUMMARY TO-DO LIST
List & Document Your Adverse Actions By Date
Acquire Your Employee Handbook, Company Policies, Emails & Pertinent Documents
Schedule an Attorney Consultation with Us by Phone
VIDEO TRANSCRIPT- What To Do If You Are Being Treated Unfairly at Work
One of the biggest complaints I hear is whenan employee is upset with their employment situation because they feel they are being singled out or are not being treated fairly in the workplace – typically by a supervisor or co-worker. This is especially intolerable to long-term employees, those retaliated against for whistle blowing, or engaging in some other right protected by public policy. It is also especially intolerable when it is overt, ongoing, and continuous. It is important to understand that Oklahoma is a state where you can be hired and fired at any time, for almost any reason, EXCEPT in circumstances such as:
Age (if over 40)
Retaliation and/or Whistle blowing
*May not apply to government workers, workers under contract, labor union agreements, or other groupsbecause different laws, rules, or contractual agreements may modify laws applicable to the private sector of employers with a certain minimum number of employees.
If you believe this may be happening to you, first you should document the situation with as much detail as possible, by date. Legal professionals will want to understand what the “adverse actions” are in your case. This means, you should list by date each actionto which you object. There are a few examples below, but it can be anything that caused you distress and you believe was unwarranted.Some actions include, but are not limited to:
Constructive Termination (Being forced to quit)
Harassment Hostile Work Environment
Failure to Promote
Negative Performance Evaluations
Adding More Responsibilities
In addition to your thorough timeline of adverse actions, you should obtain a copy of your Employee Handbook and copies of all emails or other pertinent documents, before you are fired, if at all possible!
Finally, schedule your attorney consultation to discuss what may or may not be actionable on your list of adverse actions and if any of the exceptions to the Oklahoma Employment at Will Doctrine apply to you. Then you and your attorney can determine whether you have might have a case.
This page is primarily deals with employee claims against their employer. If you are an employer needing assistance, please see our business law page.