§44-4323. Action for relief – Referral to district attorney.
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/ok/title-44-militia/44-4323·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Action for relief. 1. A person who receives from the Commissioner of Labor a notification pursuant to subsection E of Section 16 of this act of an unsuccessful effort to resolve a complaint relating to a state government employer may request that the Commissioner refer the complaint to the district attorney with relevant jurisdiction. The Commissioner shall refer the complaint to the district attorney with relevant jurisdiction not later than sixty
(60)days after receiving the request. If the district attorney is reasonably satisfied that the complainant is entitled to the rights or benefits sought, the district attorney may appear on behalf of, and act as attorney for, the complainant and commence an action for relief under the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
2. Not later than sixty
(60)days after the date the district attorney receives a referral as provided in paragraph 1 of this subsection, the district attorney shall:
a. make a decision whether to appear on behalf of, and
act as attorney for, the complainant, and
b. notify the complainant in writing of the decision.
3. A person may commence an action for relief based on a complaint against a state government employer or a private employer if the person:
a. has chosen not to request assistance from the
Commissioner under Section 16 of this act,
b. has chosen not to request the Commissioner to refer
the complaint to the district attorney pursuant to
paragraph 1 of this subsection, or
c. has been refused representation by the district
attorney.
B. Jurisdiction. In an action against a state government employer or a private employer commenced by the district attorney, the district courts shall have jurisdiction over the action.
C. Venue. 1. In an action by a district attorney against a state government employer, the action may proceed in the district court of the county where the complainant resides or was previously assigned for duty as a state employee immediately prior to service in the state military forces.
2. In an action by a district attorney against a private employer, the action may proceed in the district court of the county where the private employer of the complainant maintains a place of business.
D. Remedies. 1. In any action pursuant to this section, the court may award any or all of the following types of relief by requiring the employer to:
a. comply with the provisions of the Oklahoma Uniformed
Services Employment and Reemployment Rights Act,
b.
compensate the complainant for any loss of wages or
benefits suffered by reason of the employer's failure
to comply with the provisions of the Oklahoma
Uniformed Services Employment and Reemployment Rights
Act,
c. pay the complainant an amount equal to the amount
provided in subparagraph b of this paragraph as
liquidated damages, if the court determines that the
employer willfully failed to comply with the
provisions of the Oklahoma Uniformed Services
Employment and Reemployment Rights Act,
d. pay actual and compensatory damages, and
e. pay punitive damages. Punitive damages awarded
pursuant to this subparagraph shall be determined in
accordance with applicable state law.
2. a. Any compensation awarded pursuant to this subsection
shall be in addition to, and shall not diminish, any
of the other rights and benefits provided for under
the Oklahoma Uniformed Services Employment and
Reemployment Rights Act.
b. In an action commenced in the name of the State of
Oklahoma for which the relief includes compensation
awarded pursuant to subparagraph b, c, d or e of
paragraph 1 of this subsection, the compensation shall
be held in a special deposit account and shall be
paid, on order of the district attorney who commenced
the action against a state government employer or a
private employer, directly to the complainant. If the
compensation is not paid to the complainant because of
inability to do so within a period of three
(3)years,
the compensation shall be deposited in the Unclaimed
Property Fund of the State Treasury pursuant to the
Uniform Unclaimed Property Act, Section 651 et seq. of
Title 60 of the Oklahoma Statutes.
3. The State of Oklahoma shall be subject to the same remedies, including prejudgment interest, as may be imposed upon any private employer under this section.
E. Equity powers. The court shall use, if it deems appropriate, its full equity powers, including temporary or permanent injunctions, temporary restraining orders, and contempt orders, to vindicate fully the rights or benefits of persons under the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
F. Standing. An action pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act may be initiated only by a person claiming rights or benefits as provided in the act
under subsection A of this section or by the State of Oklahoma under paragraphs 1 and 2 of subsection A of this section.
G. Respondent. In any action pursuant to the Oklahoma Uniformed Services Employment and Reemployment Rights Act, only an employer or a potential employer shall be a necessary party respondent.
H. Fees and court costs. 1. No fees or court costs shall be charged against or imposed upon any person claiming rights under the Oklahoma Uniformed Services Employment and Reemployment Rights Act.
2. In any action or proceeding to enforce a provision of the Oklahoma Uniformed Services Employment and Reemployment Rights Act by a complainant who obtained private counsel for an action or proceeding, the court may award a prevailing complainant reasonable attorney fees, expert witness fees, and other litigation expenses.
I. Definition. As used in this section, "private employer" includes the political subdivisions of the State of Oklahoma as defined in Section 5 of this act. Added by Laws 2021, c. 122, § 17, emerg. eff. April 21, 2021.