Wrongful Termination in Oklahoma

Oklahoma is an at-will employment state. But that doesn't mean your employer can fire you for any reason.

What "At-Will" Actually Means

At-will employment means the employer can terminate the employment relationship at any time, for any reason that is not illegal — and the employee can quit at any time. It does not mean the employer has unlimited power. There are significant exceptions.

When Termination Is Wrongful

A termination becomes "wrongful" when it violates federal or state law. Common grounds include:

Discrimination

You cannot be fired because of your race, color, religion, sex, national origin, age (40+), disability, genetic information, or pregnancy.

Retaliation

You cannot be fired for engaging in "protected activity" — such as reporting discrimination, filing a workers' comp claim, reporting safety violations, or participating in an investigation.

Public Policy Violation (Burk Tort)

Under Oklahoma's Burk v. K-Mart Corp. (1989) doctrine, an employer cannot fire an at-will employee for a reason that violates a clear mandate of Oklahoma public policy.

Refusing to commit an illegal act
Filing a workers' compensation claim (85A O.S. § 7)
Performing a legal obligation (such as jury duty)
Reporting illegal conduct

Breach of Contract

If you have an employment contract, termination that violates the contract terms is actionable. This includes written contracts, offer letters with specific terms, and sometimes employee handbooks that create binding commitments.

FMLA Interference

If you are eligible for FMLA leave and your employer fires you for requesting or taking protected leave, that is a separate violation of federal law.

Warning Signs of a Wrongful Termination

You were fired shortly after reporting misconduct, discrimination, or safety concerns

You were fired shortly after requesting FMLA leave, disability accommodation, or workers' comp

The stated reason for termination does not match your performance history

Similarly situated colleagues outside your protected class were treated differently

Your employer changed its explanation for why you were fired

You were suddenly given negative performance reviews with no prior issues

What to Do

Document everything — emails, texts, performance reviews, witness names, and a written timeline of events

Do not sign anything — under pressure — especially a severance agreement with a release of claims

File for unemployment — it does not affect your legal rights and may provide evidence

Consult an employment attorney — as soon as possible — deadlines for EEOC charges and other claims are strict

Key Takeaway

"At-will" does not mean "anything goes." If the real reason you were fired is discriminatory, retaliatory, or violates public policy, you may have a viable claim — but you need to act quickly.