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An Oklahoma employment contract is a written agreement presented to an employee by an employer for the purpose of entering into an working relationship. The document will cover terms and conditions of employment, such as wages, type of employment (full-time or part-time), position and duties, time off for vacation, sick days, and holidays, and other benefits suited to the employee’s status in the company.
This document also enables the employer to define the period of employment, which can be either at-will or for a specific time period. If the agreement is at-will, either party can end the arrangement at any time for any reason (with a few exceptions). Furthermore, the employer can establish whether a notice period is required for termination and if a severance package will be available to the employee.
Contents |
Types (2)
Independent Contractor Agreement – A written contract between an independent contractor and a client.
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Subcontractor Agreement – This agreement defines the working arrangement between a contractor and a subcontractor.
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Laws
- Labor Statutes: Title 40
- Definition of Employee: 40 O.S. § 1-210(1)(b)
- Minimum Wage: $7.25/hr (40 O.S. § 197.2)
- Overtime: One and a half (1.5) times the hourly rate (29 U.S.C. § 207(a)(1)).
- Record Keeping: Employers must keep payroll records for a minimum of four (4) years (Amin. Code 240:10-5-90).
At-Will Employment
Permitted? Yes, employers can fire an employee at any time for any reason as long as the circumstances under which they were terminated doesn’t breach one of the following causes for wrongful termination:
- Discrimination (e.g., firing based on race, nationality, gender, religion, age).
- Employment contract did not establish at-will employment arrangement.
- Retaliation (e.g., whistleblowing, opposition to discriminatory employment practices, complaints about wages or overtime pay).
- Exercising right to take time off work (e.g., military leave, jury duty, voting).
- Any other public policy (e.g., refusing to commit an unlawful act, notifying authorities of workplace violations, filing workers’ compensation).