Oklahoma Anti-Discrimination Act (Oklahoma Supreme Court reverses itself) (Tulsa: attorney, cost)

[OneDayAttaTime]

On Nov. 10, the Oklahoma Supreme Court reversed itself in Smith v. Pioneer Masonry, holding that the Oklahoma Anti-Discrimination Act "can be the basis of a wrongful termination claim regardless of the number of employees."

The world has just changed for the small business owner with fewer than 15 employees.


Businesses can be sued for:

1. "constructive" discharge, which occurs when an employer is found to have made the working conditions so intolerable that the employee was forced to resign.
   
2. retaliation if they are found to discharge (or constructively discharge) an employee who complains of discrimination.

Lawsuits can be brought for up to two years after the discharge or constructive discharge.

The employee will generally get an attorney on a contingency basis, meaning that it will cost the employee little or no money out-of-pocket. The employee may seek monetary damages for back pay, front pay, physical or mental distress or anguish, and punitive damages.

The business will need to hire legal counsel to defend it whether the business ultimately wins or loses.



READ THE WHOLE STORY:
Tulsa World: Small employers at risk for bias lawsuits

[Howest2008]

Originally Posted by OneDayAttaTime

On Nov. 10, the Oklahoma Supreme Court reversed itself in Smith v. Pioneer Masonry, holding that the Oklahoma Anti-Discrimination Act "can be the basis of a wrongful termination claim regardless of the number of employees."

The world has just changed for the small business owner with fewer than 15 employees.


Businesses can be sued for:

1. "constructive" discharge, which occurs when an employer is found to have made the working conditions so intolerable that the employee was forced to resign.
   
2. retaliation if they are found to discharge (or constructively discharge) an employee who complains of discrimination.

Lawsuits can be brought for up to two years after the discharge or constructive discharge.

The employee will generally get an attorney on a contingency basis, meaning that it will cost the employee little or no money out-of-pocket. The employee may seek monetary damages for back pay, front pay, physical or mental distress or anguish, and punitive damages.

The business will need to hire legal counsel to defend it whether the business ultimately wins or loses.



READ THE WHOLE STORY:
Tulsa World: Small employers at risk for bias lawsuits

I guess the only way around it is to start a business with one employee
YOU !!! I did in Vallejo CA twice , but both businesses failed and I'll probably
start a third business and if I have 2 employee's me and somebody else I'll
be sure to document the reasons for firing employee number two...LOL...

[Goodpasture]

Just make sure you only hire white american males......they can be fired without you being afraid of being sued for discrimination.

[Howest2008]

Originally Posted by Goodpasture

Just make sure you only hire white american males......they can be fired without you being afraid of being sued for discrimination.

Laughing Out Loud.....No I guess that I'll be like Tiger Woods
and only hire White Female American....FOMC....

[Jammie]

Originally Posted by Goodpasture

Just make sure you only hire white american males......they can be fired without you being afraid of being sued for discrimination.

That's exactly how things have turned out, isn't it? BUT you can now include females in that same sentence. We are in the same situation as the guys are.