Employee Discipline: Oklahoma

Federal law and guidance on this subject should be reviewed together with this section.

Author: Daniel Johnson, Crowe & Dunlevy

Summary

• Oklahoma adheres to the at-will employment rule. Therefore, employers may discipline or terminate employees for good cause, for no cause or even for cause, without incurring liability for wrongful discharge. See Employment At-Will.
• Oklahoma law includes antidiscrimination provisions. See Discipline and Discrimination.
• Oklahoma employers should use caution when disciplining employees who have taken legally protected leaves. See Attendance.
• Unlike many jurisdictions, Oklahoma does not permit employers to terminate an employee who has been absent from work for a length of time because of an on-the-job injury. See Attendance; Workers' Compensation Leave and Temporary Total Disability.
• Oklahoma recognizes a number of protections for whistleblowers and other employees to shelter them from retaliatory discipline. See Whistleblower and Retaliation Protections.
• Oklahoma employers may not discharge, or other disadvantage, an employee because the employee is a nonsmoker, smokes or uses smokeless tobacco off-duty. See Off-Duty Conduct.
• The use of e-cigarettes is banned in certain areas in Oklahoma. See E-Cigarettes.
• Oklahoma law prohibits an employer from requiring access to an employee's personal social media accounts. See Social Media Privacy.
• Oklahoma employers are free to prohibit weapons, including firearms, in the workplace. However, Oklahoma law permits employees to store a firearm in a locked vehicle in the workplace parking lot. See Firearms.
• Oklahoma law permits employers to protect their trade secrets and other business information. See Protecting Employer Property.
• Employers wishing to conduct drug and alcohol testing must comply with Oklahoma's complex Standards for Workplace Drug and Alcohol Testing Act. See Drug and Alcohol Testing.
• Oklahoma law allows the use of marijuana for medicinal purposes under certain circumstances. See Marijuana.
• Oklahoma law requires employers to post certain information in the workplace. See Required Postings.
• Localities including Ada and Shawnee have requirements pertaining to employee discipline. See Local Requirements.