If you are forming an L.L.C., partnership, non-profit, etc., you must file your business with the Oklahoma Secretary of State.
All businesses with employees (including those under the structure of a sole proprietorship) must obtain an Employer Identification Number EIN. EIN, also called “federal ID number”, is free of charge, from the website of the Federal Internal Revenue Service (IRS).
No matter how small your business is, it can be a good idea to have an employee handbook. A document of this nature can clearly establish rules, rights, and expectations for employees.
If you incorporate your business or form an LLC, this can help to protect your personal assets in the event of a judgment against your company that it cannot afford to pay. Forming a corporate entity creates a legal separation between your personal funds and property and that of the company.
The police must read the Miranda Warning before they interrogate someone in custody.
No. There are several exceptions that allow the police to search without a warrant. These may include valid consent by the occupant, evidence in plain view, or in an emergency.
A police officer will sometimes issue a citation rather than make an informal arrest. If you have received a citation instead of being arrested, this would not result in an arrest record. However, by signing the citation, you agree to appear in court as specified in the citation. You may be subject to arrest if you fail to appear.
Contact an attorney and then pay your bond as a cash bond or through a bail bondsman.
Yes, under certain conditions. You may be eligible for an expungement of your criminal record.
GENERAL LEGAL QUESTIONS
Employment Law Checklist
- Size of company. Needs to be more than 50 employees or a large portion of the federal protections do not apply.
- Title 7 Federal Law: Sex, religion, race, color, nationality
- Americans with Disability Act
- Age discrimination
- Have they contacted the EEOC?
- For state law EEOC complaints must be filed within 300 days of last discriminatory act.
- For Federal 180 days. Essentially for us it needs to FEDERAL FOR damages sake and should always be 180 days.
- IF they have contacted the EEOC do they have their “right to sue letter”? If they do, they have only 90 days from the DATE ON THE LETTER to file their federal claim!
- If they do not have their right to sue letter they need to find out the date of filing their charge with the EEOC and they have 180 days after that date to demand a right to sue or just file a federal suit.
- Always look for wage claims. What is your job? Are they an exempt or non-exempt employee? Main exemptions: learned professional (doctor, lawyer, dentist, accountant), executives, management, administration (individual who manages 2 or more full-time employees). If their job is manual in nature they are non-exempt. What kind of hours do you work and are they documented?
- Did they work over 40 in a week AND not get paid for it or not get paid time and a half for it. DAY RATE class actions in oil and gas industry is a good example of an easy wage claim.
- RETALIATION: Worker’s comp, accommodations, OSHA reporting (health and safety violation etc.)
In general, the protected class must be attached to the bad act to get to damages.
ADA claim = person with a disability who can perform the essentials functions of their job with or without a reasonable accommodation
Injuries or illness alone are not necessarily proof of neglect, abuse, or mistreatment. You will need proof of negligence by the medical institution or facility.
Common types of medical malpractice include misdiagnosis or delayed diagnosis, birth injuries, surgical errors, or prescription drug errors.
In Oklahoma, the statute of limitations for medical malpractice is two years from the date of the injury or the date the injury was discovered or should have been discovered, but no more than five years from the date of the act or omission.
In Oklahoma, the current statute of limitations for personal injury claims is two years.
In general, injuries that occur while on the clock performing work-related responsibilities are covered, as long as other circumstances are not present, such as being under the influence of a substance, or if certain pre-existing conditions exist.
Seek medical treatment. Always seek medical treatment immediately following an accident, even if you feel fine. If you refuse medical treatment at the time of the accident, it could be used against you.
If you are hit by an uninsured motorist or injured in a hit-and-run accident, you need to turn to your own insurance company for compensation. However, they will only pay you if you have uninsured motorist coverage.
In Oklahoma, discrimination claims can be filed either with the state administrative agency, the Oklahoma Human Rights Commission (OHRC), or the federal administrative agency, the Equal Employment Opportunity Commission (EEOC).
A case must show three things: An employee faced discrimination or harassment in the workplace. They reported the incident. The employee was then fired, demoted, or otherwise punished for their complaint.
There are multiple types: Tort claims related to wrongful acts that cause injury to someone’s person, property, or reputation. Breach of contract claims resulting in a person’s failure to perform some term of a contract. Equitable claims to ask the court to order a party to take some action or stop some action. Landlord-tenant claims of disputes between landlords and tenants.