Oklahoma At Will Policy and Agreement

State:
Multi-State
Control #:
US-126EM
Format:
Word; 
Rich Text
Instant download

Description

This policy informs the employee that employment with the company is "at will".

The Oklahoma At Will Policy and Agreement is a legal document that outlines the employment relationship between an employer and an employee in the state of Oklahoma. This policy follows the "at-will" employment doctrine, which means that either party (employer or employee) can terminate the employment relationship at any time, for any reason, without requiring advanced notice or cause. Under the Oklahoma At Will Policy and Agreement, both the employer and the employee have the freedom to terminate the employment relationship without facing legal consequences or liabilities. However, it is important to note that this policy does not protect an employer from wrongful termination claims if they violate certain laws, such as firing an employee due to discriminatory reasons (based on race, age, gender, religion, etc.) or retaliating against an employee for reporting unlawful activities. There are no specific types of Oklahoma At Will Policies and Agreements as the "at-will" employment doctrine applies to all employment relationships within the state. However, employers may include additional clauses or provisions in their agreements to address specific aspects of the employment relationship. Some common elements that are often covered in the Oklahoma At Will Policy and Agreement include: 1. Employment Duration: The agreement clarifies that the employment is "at will" and may be terminated by either party at any time, with or without cause. 2. Termination Process: It outlines the procedures that should be followed for either party to terminate the employment relationship, such as providing notice to the other party. 3. Grounds for Termination: While "at-will" employment allows termination without reason, employers may specify certain conditions under which termination may occur, such as poor performance, misconduct, or violation of company policies. 4. Non-Disclosure and Confidentiality: This section may include agreements regarding the protection of company trade secrets, confidential information, and proprietary data even after termination of employment. 5. Restrictive Covenants: Some employers may include provisions related to non-compete agreements, which restrict employees from joining competitors or starting a similar business for a specific period after leaving the company. 6. Dispute Resolution: The policy may outline a procedure for resolving any employment-related disputes, such as through mediation or arbitration, before resorting to legal action. It is essential for both employers and employees to thoroughly review and understand the Oklahoma At Will Policy and Agreement before signing it, as it establishes the basic framework for the employment relationship and guides the rights and responsibilities of both parties. It is advisable to consult with a legal professional to ensure compliance with all relevant laws and regulations.

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FAQ

Because Oklahoma is designated as an at-will employment state, in most circumstances employers are permitted to terminate workers at any time, for any reason and without prior notice required.

What are some of the exceptions to the employment at will doctrine? These exceptions include the public policy exception, the implied contract exception, and the implied covenant of good faith and fair dealing exception. only refers to state constitutional protections or state statutory law.

A: Oklahoma has traditionally recognized the at will doctrine, meaning that an employee works and a business employs on an at will basis, and either may cease the employment relationship at any time. However, the ability to terminate an employee at will is limited under some circumstances.

Employers can terminate at-will employees at any time for almost any reason, even without an explanation or warning. Contract employees usually have clearly defined language in their contracts pertaining to discipline and termination. At-will limitations protect employees from wrongful termination situations.

The three major common law exceptions are public policy, implied contract, and implied covenant of good faith. The at-will presumption is strong, however, and it can be difficult for an employee to prove that his circumstances fall within one of the exceptions.

This document is not a contract, but rather is known as an at-will employment agreement. Employers might ask employees to sign an offer letter, handbook acknowledgment, or other document agreeing to at-will employment, for example.

The implied contract exception means that an employee may have an expectation of a fixed term or even indefinite employment based on something the supervisor has done.

Public-policy exception For example, in most States, an employer cannot terminate an employee for filing a workers' compensation claim after being injured on the job, or for refusing to break the law at the re- quest of the employer.

Employment at will, however, comes with some limitations because discrimination laws still apply. Under federal law, you cannot terminate someone because of the person's age, race, gender, color, national origin, equal pay, pregnancy, genetic information, religion or disability.

At-will contracts between an employee and an employer mean that the employee may be terminated at any time, for any reason, and the employer does not need to give any notice when this happens. No specific document is needed for this contract, so many workers are surprised to find out about their at-will status.

More info

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Oklahoma At Will Policy and Agreement