§44-4322. Refusal to comply – Complaint process.
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/ok/title-44-militia/44-4322·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A person who claims that:
1. He or she is entitled under the Oklahoma Uniformed Services Employment and Reemployment Rights Act to employment or reemployment rights or benefits with respect to employment; and
2. a.
His or her employer has failed or refused, or is about
to fail or refuse, to comply with the provisions of
the Oklahoma Uniformed Services Employment and
Reemployment Rights Act, or
b. His or her employer is a state agency and the employer
or the Office of Management and Enterprise Services,
Human Capital Management, has failed or refused, or is
about to fail or refuse, to comply with the provisions
of the Oklahoma Uniformed Services Employment and
Reemployment Rights Act, may file a complaint with the Commissioner of Labor as provided in subsection B of this section, and the Commissioner shall investigate such complaint.
B. The complaint shall be in writing on a form prescribed by the Commissioner, include the name and address of the employer against whom the complaint is filed, and contain a summary of the allegations that form the basis for the complaint.
C. 1. Not later than five
(5)business days after the Commissioner receives a complaint submitted pursuant to this section, the Commissioner shall notify the complainant in writing of his or her rights with respect to the complaint under this section and Section 17 of this act.
2. The Commissioner shall, upon request, provide technical assistance to a potential complainant for a complaint under this subsection and, when appropriate, to the complainant's employer.
D. The Commissioner shall investigate each complaint submitted pursuant to this section. If the Commissioner determines as a result of the investigation that the action alleged in the complaint occurred, the Commissioner shall attempt to resolve the complaint by making reasonable efforts to ensure that the employer named in the complaint complies with the provisions of the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
E. If the efforts of the Commissioner do not resolve the complaint, the Commissioner shall notify the complainant in writing of:
1. The results of the Commissioner's investigation; and
2. The complainant's entitlement to proceed under the enforcement of rights provisions in Section 17 of this act for a complainant against a state or private employer.
F. Any action required by subsections D and E of this section for a complaint submitted by a complainant to the Commissioner under subsection A of this section shall be completed by the Commissioner not later than ninety
(90)days after receipt of the complaint. Added by Laws 2021, c. 122, § 16, emerg. eff. April 21, 2021.