Wrongful Termination in Oklahoma (2026): Laws, Deadlines, How to File

Oklahoma is an at-will state, so a firing is wrongful only when it breaks a specific statute, a contract or a clear public policy that Oklahoma courts protect. The main state statute is the Oklahoma Anti-Discrimination Act (25 O.S. 1101 and following), which makes it a discriminatory practice for an employer to discharge someone because of race, color, religion, sex, national origin, age, genetic information or disability (25 O.S. 1302(A)(1)). The Oklahoma Supreme Court also recognizes a narrow tort for firings that violate public policy, known as a Burk claim.

The state discrimination deadline is short: 180 days to file a charge. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oklahoma law on firing private-sector employees: the Oklahoma Anti-Discrimination Act, the Burk public-policy tort and contract rules of Oklahoma courts, the workers' compensation retaliation statute (85A O.S. 7), and narrower statutes on jury service, voting, military service, labor-law complaints and medical marijuana, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Oklahoma severance pay laws.

Is Oklahoma an at-will state?

Yes. Our research found no Oklahoma statute requiring just cause for a firing; the Burk tort and the statutes below are the limits. For the doctrine in more detail, see Oklahoma at-will employment laws.

Grounds for a wrongful termination claim in Oklahoma

Discrimination under the Oklahoma Anti-Discrimination Act

25 O.S. 1302(A)(1) says: "It is a discriminatory practice for an employer: 1. To fail or refuse to hire, to discharge, or otherwise to discriminate against an individual with respect to compensation or the terms, conditions, privileges or responsibilities of employment, because of race, color, religion, sex, national origin, age, genetic information or disability ..."

Definitions that matter. "Sex" includes pregnancy, childbirth or related medical conditions (25 O.S. 1301(6)), and age discrimination protects people at least 40 years old (1301(5)).

Who is covered. Under 25 O.S. 1301(1), "employer" means "a legal entity, institution or organization that pays one or more individuals a salary or wages for work performance," along with entities that contract or subcontract with the state or a governmental entity. Native American tribes and tax-exempt bona fide membership clubs are excluded, and so are domestic service and employment by a parent, spouse or child (1302(B)). Independent contractors are not "employees" (1301(8)). The statute text sets no 15-employee floor; that number is the federal Title VII and ADA threshold (42 U.S.C. 2000e(b); 42 U.S.C. 12111(5)), and the federal age law starts at 20 (29 U.S.C. 630(b)).

What is not listed. The act does not list sexual orientation or gender identity. A 2023 bill to add them, HB 2119, died in committee. Federal law still applies: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII," which covers employers with 15 or more employees. The EEOC charge deadline in Oklahoma is 300 days (see the deadlines section). Our research did not cover city ordinances in Oklahoma; check with the city where you worked.

Retaliation for opposing discrimination

Under 25 O.S. 1601(1), it is a discriminatory practice to retaliate against a person who opposed a discriminatory practice or who filed a charge or complaint, testified, assisted or participated in a proceeding. Section 1350(B) names retaliation among the claims that need a charge within 180 days.

The state act is the only route for discrimination

25 O.S. 1350(A) says: "A cause of action for employment-based discrimination is hereby created and any common law remedies are hereby abolished." Because of that, and because a Burk claim requires that no adequate statutory remedy exist, a discriminatory firing is a claim under the act, not a public-policy tort.

Firing that violates public policy (the Burk tort)

In Burk v. K-Mart Corp., 770 P.2d 24 (Okla. 1989), the Oklahoma Supreme Court said: "We thus follow the modern trend and adopt today the public policy exception to the at-will termination rule in a narrow class of cases in which the discharge is contrary to a clear mandate of public policy as articulated by constitutional, statutory or decisional law. We recognize this new cause of action in tort."

In Vasek v. Board of County Commissioners, 2008 OK 35, 186 P.3d 928, the court listed what a Burk claim must allege:

1. an actual or constructive discharge
2. of an at-will employee
3. in significant part for a reason that violates an Oklahoma public policy goal
4. found in Oklahoma's constitutional, statutory or decisional law, or in a federal constitutional provision that prescribes a norm of conduct for Oklahoma, and
5. no statutory remedy exists that is adequate to protect the Oklahoma policy goal.

The public policy "must truly be public," and a federal statute by itself cannot supply Oklahoma public policy (Vasek).

Deadline. 12 O.S. 95(A)(3) sets two years for "an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated." Our research did not read a court decision applying that subsection to a Burk claim, so get legal advice promptly.

Workers' compensation retaliation

85A O.S. 7 bars an employer from retaliating against an employee who in good faith filed a workers' compensation claim, retained a lawyer, started a proceeding or testified. District courts have exclusive jurisdiction, and the employee can recover "reasonable damages, actual and punitive if applicable," with punitive damages not above $100,000; the prevailing party recovers costs and a reasonable attorney fee.

Other rules in the same section:

• An employer may not discharge an employee during temporary total disability "for the sole reason of being absent from work or for the purpose of avoiding payment of temporary total disability benefits" (85A O.S. 7(E)).
• An employer need not rehire or keep an employee who, after temporary total disability has been exhausted, "is determined by a physician to be physically unable to perform his or her assigned duties, or whose position is no longer available" (7(F)).
• The section "shall not be construed as establishing an exception to the employment-at-will doctrine" (7(G)), and its remedies are exclusive for that conduct (7(H)), so this is a statutory claim, not a Burk tort.

The section states no filing deadline. The general three-year period for "an action upon a liability created by statute other than a forfeiture or penalty" (12 O.S. 95(A)(2)) may apply, but our research found no case applying it to this claim. For the benefits side, see Oklahoma workers' compensation laws.

Jury service

A juror who notifies the employer of the summons within a reasonable time after receiving it and before appearing may not be fired or otherwise penalized for jury service (38 O.S. 34(A)), and may not be required or requested to use annual, vacation or sick leave for it (34(B)). Under 38 O.S. 35, the employee may bring a civil action "for both actual and exemplary damages," including past and future lost earnings, the value of lost leave, mental anguish and reasonable costs of finding other employment. A violation is also a misdemeanor with a fine of up to $5,000 (38 O.S. 34). The sections state no filing deadline.

Medical marijuana patients

Under the version of 63 O.S. 427.8 in force until November 1, 2026, an employer may not refuse to hire, discipline, discharge or otherwise penalize someone "solely on the basis of" medical marijuana licensee status or a positive marijuana test, unless the person is unlicensed, impaired or using at work, the position is safety-sensitive, or federal law requires it. A positive test means a result at or above the lower of the U.S. Department of Transportation or Oklahoma cutoff (427.8(K)(2)).

A worker "aggrieved by a willful violation" of the section already has, as the exclusive remedy, the remedies in 40 O.S. 563 (63 O.S. 427.8(J)): a suit "within one (1) year of the alleged willful violation," on proof "that the employer had a specific intent to violate the act," for lost wages plus an equal additional amount as liquidated damages, with costs and attorney fees available to the prevailing party, whether plaintiff or defendant (40 O.S. 563(A), (B)).

HB 3127, approved by the Governor on April 17, 2026, amends 63 O.S. 427.8 effective November 1, 2026. For firing decisions it changes three things:

• The safety-sensitive exception is replaced: an employer may act on a positive test where "such action is taken pursuant to a written drug and alcohol testing policy adopted and enforced in accordance with the Standards for Workplace Drug and Alcohol Testing Act" (40 O.S. 551 and following).
• An applicant or employee in a safety-sensitive position "shall be subject to a zero-tolerance drug and alcohol standard," regardless of any employer policy permitting impairment-based testing.
• A "safety-sensitive position" becomes any position in which the employee performs one or more listed duties (such as operating vehicles or machinery, firefighting, dispensing pharmaceuticals, carrying a firearm, or direct patient or child care), instead of a job with tasks "that the employer reasonably believes could affect the safety and health" of the employee or others.

The exclusive 40 O.S. 563 remedy, its one-year deadline and the positive-test definition are unchanged.

Military service

Under 44 O.S. 208, no employer may "discharge any person from employment because of being an officer, warrant officer or enlisted member of the military forces of the state" or hinder required military service; a violation carries a fine of up to $100, up to 30 days in jail, or both. 44 O.S. 208.1 adopts federal USERRA and the Servicemembers Civil Relief Act as state law for National Guard members on state active duty, and 44 O.S. 209 gives public employees paid military leave for a limited period. Federal USERRA bars denying "retention in employment" because of military service (38 U.S.C. 4311(a)).

The Oklahoma Uniformed Services Employment and Reemployment Rights Act (44 O.S. 4300 and following, 2021) applies to members of the state military forces "while serving on state active duty or Title 32 active duty" (44 O.S. 4300). An employer may not deny them "retention in employment" on the basis of that membership or service, or retaliate for enforcing the act (44 O.S. 4311). The person may seek help from the Commissioner of Labor or sue a private employer directly for lost wages or benefits, an equal amount as liquidated damages for a willful violation, actual and compensatory damages, and punitive damages; the court may award a prevailing complainant reasonable attorney fees (44 O.S. 4323). The act says "there shall be no limitation on the period for filing the complaint or claim" (44 O.S. 4327(B)).

Voting and labor-law complaints

• Voting. A registered voter gets two hours off to vote, with three days' notice, unless the workday starts at least three hours after the polls open or ends at least three hours before they close, and loses no pay on proof of voting (26 O.S. 7-101). An employer violation carries a civil penalty of $50 to $100; the section states no private damages remedy.
• Labor-law complaints. 40 O.S. 199 makes it a misdemeanor to discharge, penalize or discriminate against an employee for filing a complaint with the employer or the Commissioner of Labor to enforce 40 O.S. 71 to 198.2, causing a proceeding, or testifying, punishable by a fine of $50 to $200, 5 to 30 days in county jail, or both. The section states no private civil remedy. The federal Fair Labor Standards Act separately bars firing an employee for filing a complaint under it (29 U.S.C. 215(a)(3)).

Off-duty tobacco use

40 O.S. 500 makes it unlawful to discharge an employee "because the individual is a nonsmoker or smokes or uses tobacco products during nonworking hours." The sole remedy is a civil action for damages including all lost wages and benefits, and the court awards the prevailing party court costs and reasonable attorney fees (40 O.S. 503). The rule does not apply when the restriction relates to a bona fide occupational requirement or an applicable collective bargaining agreement (40 O.S. 502). The sections state no filing deadline.

Firearms in locked vehicles

21 O.S. 1289.7a(A) bars an employer from maintaining or enforcing "any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms or ammunition in a locked motor vehicle" on property set aside for vehicles. An individual may sue to enforce the section; "If a plaintiff prevails in a civil action related to the personnel manual" against an employer for a violation, the court "shall award actual damages, enjoin further violations of this section, and award court costs and attorney fees to the prevailing plaintiff" (1289.7a(C)). The section states no filing deadline.

Whistleblowing

Our research did not find a general Oklahoma whistleblower statute for private-sector employees. For them, the Burk tort described above is the general route for a firing that violates public policy, alongside the specific statutes on this page. See Oklahoma whistleblower laws for public-employee rules.

• Medicaid fraud reporting. Under the Oklahoma Medicaid False Claims Act, an employee, contractor or agent discharged "because of lawful acts done ... in furtherance of an action under this act, or other efforts to stop one or more violations" of the act may sue in district court for reinstatement, two times back pay with interest, special damages, litigation costs and reasonable attorney fees, within three years after the retaliation (63 O.S. 5053.5(E), (F)).
• Reporting child trafficking. An employer that discharges or retaliates against an employee who in good faith reports suspected trafficking in children, or who testifies in a proceeding about it, "shall be liable for damages, costs and attorney fees" (21 O.S. 870(A)(2)).

Contracts and handbooks

Oklahoma recognizes that an employer's words and policies can sometimes change at-will status, but the bar is real. In Hinson v. Cameron, 742 P.2d 549 (Okla. 1987), the Oklahoma Supreme Court reinstated the trial court's summary judgment for a hospital, holding that the discharged employee stated no tort claim for wrongful discharge and that the hospital's employee manual did not alter her at-will status. The opinion lists factors that can support an implied term, such as handbooks and policy manuals, detrimental reliance on oral assurances, length of service and promotions.

A contract claim has five years if the contract is in writing (12 O.S. 95(A)(1)) and three years if it is oral or implied (12 O.S. 95(A)(2)).

No duty of good faith in at-will firing

In Burk, the court also said: "Today we hold there is no implied covenant of good faith and fair dealing that governs the employer's decision to terminate in an employment-at-will contract."

What our research did not find

Our research did not find an Oklahoma paid sick leave or family leave statute with an anti-retaliation rule. It did not cover state protections for crime victims or volunteer emergency responders, or a state workplace-safety retaliation statute. Federal rules apply regardless: the FMLA bars firing for opposing practices it makes unlawful at employers with 50 or more employees (29 U.S.C. 2611(4), 2615(a)(2)), and an OSHA safety-retaliation complaint must be filed within 30 days (29 U.S.C. 660(c)(2)).

Constructive discharge in Oklahoma

Quitting can count as a firing for a Burk claim: the first element in Vasek is "an actual or constructive discharge." Our research did not find the Oklahoma test for when working conditions are bad enough to qualify, so get legal advice before resigning over a dispute.

Wrongful termination deadlines in Oklahoma

Two charge deadlines, one firing. The EEOC's Oklahoma City Area Office and St. Louis District Office both say an Oklahoma worker has "300 days from the date of alleged harm" to file a charge against an employer with 15 or more employees, or 20 or more for age. Both pages say charges against smaller employers must be filed with the appropriate state or local agency, and that the time limit is 180 days in Oklahoma, which matches 25 O.S. 1350(B). The 300-day window protects only the federal claim: to keep the Oklahoma claim, the charge must be filed within 180 days.

Where to file in Oklahoma

The state agency. The Oklahoma Attorney General's Office of Civil Rights Enforcement (OCRE) takes employment discrimination complaints at 313 NE 21st Street, Oklahoma City, OK 73105, (405) 521-3921; its Tulsa office is at 15 W. 6th Street, Suite 1000, (918) 581-2342; and it accepts email at ocre.complaints@oag.ok.gov. Its page says: "Employment Discrimination Complaints must be filed within 180 days from the last alleged unlawful employment practice or the right to legal relief may be lost."

The agency step comes first. The OCRE FAQ says: "Filing a complaint initiates an administrative process that must be completed before a lawsuit may be filed." Under 25 O.S. 1350(C), a Notice of a Right to Sue from OCRE "must be first obtained in order to commence a civil action under this section." If a charge filed with OCRE is not resolved to your satisfaction within 180 days of filing, OCRE, "upon request of any party shall issue a Notice of a Right to Sue." You then have 90 days to sue in the district court of the county where the practice allegedly occurred, and either side may ask for a jury (1350(D), (E), (I)).

OCRE and the EEOC. The FAQ says that after an investigation the complaining party may request state and federal right-to-sue notices, or the complaint may be forwarded to the EEOC for possible further processing. Section 1350(B) allows the state charge to be filed with either agency, but it does not say how a charge filed only with the EEOC produces the state right-to-sue notice the statute requires. If you file only with the EEOC, ask OCRE how to get the state notice.

The EEOC. Federal charges can be filed through the EEOC Public Portal, or by phone at 1-800-669-4000 when a deadline is near.

What a court can award

Under 25 O.S. 1350(G), a court may enjoin the unlawful practice "and order such affirmative action as reinstatement or hiring of employees." "A prevailing aggrieved party shall also be entitled to backpay and an additional amount as liquidated damages." The statute does not say how large that additional amount is. Interim earnings, or amounts you could have earned with reasonable diligence, reduce back pay, and there is no back pay or reinstatement where the action was taken "for legitimate reasons other than discrimination."

Section 1350(G) lists no compensatory (emotional distress) or punitive damages. Fees run both ways: "the court may allow a prevailing plaintiff or defendant a reasonable attorney fee" (1350(H)). An employer may raise any defense available under Title VII, the ADEA, the Pregnancy Discrimination Act, the Rehabilitation Act, the ADA or GINA (1350(F)).

Federal law. Title VII and the ADA cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size, with back pay outside the cap (42 U.S.C. 1981a(b)(3)). The wrongful termination guide lists the tiers.

Practical steps after a firing in Oklahoma

Write down the date you were fired, who told you, the reason given, and any complaint, workers' compensation claim, report or jury summons involved, and keep copies of messages, reviews and the termination notice. The 180-day state charge deadline is usually the first clock to watch. Our research found no Oklahoma statute requiring an employer to give a service letter or open a personnel file to a former employee.

If the employer offers money in exchange for a release, read it before signing: a release can give up the claims described here. Our Oklahoma severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes and pending bills

• Enacted: HB 3127 (2026), approved by the Governor on April 17, 2026, effective November 1, 2026, changes the medical marijuana employment rules in 63 O.S. 427.8 described above.
• Died: 2023 bills that would have amended 25 O.S. 1302 or 1350 to cover criminal history (HB 1065), vaccination status (SB 276) and sexual orientation and gender identity (HB 2119) saw no action after committee referral or withdrawal.

The Anti-Discrimination Act text quoted on this page matches the current compiled statutes on OSCN, where sections 1301 and 1302 were last amended in 2011 and section 1350 in 2013.

Related

• Wrongful termination laws by state
• Oklahoma at-will employment laws
• Oklahoma workers' compensation laws
• Oklahoma whistleblower laws
• Oklahoma severance pay laws

Disclaimer: This article provides general legal information about Oklahoma wrongful termination law (the Oklahoma Anti-Discrimination Act, the Burk public-policy tort, 85A O.S. 7, 38 O.S. 34-35, 63 O.S. 427.8 and other statutes named above) and the federal laws that apply in Oklahoma. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Oklahoma Attorney General's Office of Civil Rights Enforcement, the EEOC, a legal aid office or a lawyer licensed in Oklahoma.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Oklahoma?

Only if the firing broke a specific law or agreement, such as the Oklahoma Anti-Discrimination Act, the workers' compensation retaliation statute (85A O.S. 7), a contract, or the public-policy rule from Burk v. K-Mart (1989). Oklahoma is otherwise at-will.

How long do I have to file a discrimination charge in Oklahoma?

180 days from the last discriminatory act, with the Attorney General's Office of Civil Rights Enforcement or the EEOC, to keep the state claim (25 O.S. 1350(B)). The EEOC's Oklahoma City and St. Louis offices say the federal charge deadline is 300 days, but that does not extend the state deadline.

Do I need a right-to-sue letter before suing under Oklahoma law?

Yes. 25 O.S. 1350(C) requires a Notice of a Right to Sue from the Office of Civil Rights Enforcement before a civil action, and the suit must be filed within 90 days after receiving it (1350(I)). If the charge is unresolved 180 days after filing, OCRE must issue the notice on request.

How many employees does an Oklahoma employer need to be covered?

The Oklahoma act defines an employer as an entity that pays one or more individuals a salary or wages (25 O.S. 1301(1)). The 15-employee threshold is the federal Title VII and ADA rule.

Can I get emotional distress or punitive damages for discrimination in Oklahoma?

Not under the state act as written: 25 O.S. 1350(G) lists back pay, an additional amount as liquidated damages, reinstatement and an injunction, and 1350(A) abolishes common-law remedies. Federal Title VII and ADA claims allow capped compensatory and punitive damages.

Can I be fired for filing a workers' comp claim in Oklahoma?

No. 85A O.S. 7 bars retaliation for filing a claim, hiring a lawyer, starting a proceeding or testifying, and allows actual damages and punitive damages up to $100,000. Its remedies are exclusive, so it is not brought as a Burk tort.

Is it illegal to fire someone for being gay in Oklahoma?

The Oklahoma Anti-Discrimination Act does not list sexual orientation or gender identity. Federal law does cover it: in Bostock v. Clayton County (2020), the U.S. Supreme Court held that an employer who fires someone merely for being gay or transgender violates Title VII, which applies to employers with 15 or more employees; the EEOC charge deadline in Oklahoma is 300 days.

Can I be fired for using medical marijuana in Oklahoma?

63 O.S. 427.8 bars penalizing someone solely for licensee status or a positive test, with exceptions including impairment at work and, until November 1, 2026, safety-sensitive jobs. A willful violation must be sued on within one year under 40 O.S. 563, the exclusive remedy. From November 1, 2026, HB 3127 replaces the safety-sensitive exception with action under the employer's written testing policy under 40 O.S. 551 and following, and holds safety-sensitive positions to a zero-tolerance standard.

Can I be fired for jury duty in Oklahoma?

No. 38 O.S. 35 lets a juror who is fired, penalized or forced to use leave sue for actual and exemplary damages, including lost earnings and mental anguish, and a violation is a misdemeanor with a fine of up to $5,000 (38 O.S. 34).