{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-4323","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-4323","heading":"Action for relief – Referral to district attorney","body":"\n\nA. Action for relief. 1. A person who receives from the\n\nCommissioner of Labor a notification pursuant to subsection E of\n\nSection 16 of this act of an unsuccessful effort to resolve a\n\ncomplaint relating to a state government employer may request that\n\nthe Commissioner refer the complaint to the district attorney with\n\nrelevant jurisdiction. The Commissioner shall refer the complaint\n\nto the district attorney with relevant jurisdiction not later than\n\nsixty (60) days after receiving the request. If the district\n\nattorney is reasonably satisfied that the complainant is entitled to\n\nthe rights or benefits sought, the district attorney may appear on\n\nbehalf of, and act as attorney for, the complainant and commence an\n\naction for relief under the Oklahoma Uniformed Services Employment\n\nand Reemployment Rights Act.\n\n2. Not later than sixty (60) days after the date the district\n\nattorney receives a referral as provided in paragraph 1 of this\n\nsubsection, the district attorney shall:\n\na. make a decision whether to appear on behalf of, and\n\nact as attorney for, the complainant, and\n\nb. notify the complainant in writing of the decision.\n\n3. A person may commence an action for relief based on a\n\ncomplaint against a state government employer or a private employer\n\nif the person:\n\na. has chosen not to request assistance from the\n\nCommissioner under Section 16 of this act,\n\nb. has chosen not to request the Commissioner to refer\n\nthe complaint to the district attorney pursuant to\n\nparagraph 1 of this subsection, or\n\nc. has been refused representation by the district\n\nattorney.\n\nB. Jurisdiction. In an action against a state government\n\nemployer or a private employer commenced by the district attorney,\n\nthe district courts shall have jurisdiction over the action.\n\nC. Venue. 1. In an action by a district attorney against a\n\nstate government employer, the action may proceed in the district\n\ncourt of the county where the complainant resides or was previously\n\nassigned for duty as a state employee immediately prior to service\n\nin the state military forces.\n\n2. In an action by a district attorney against a private\n\nemployer, the action may proceed in the district court of the county\n\nwhere the private employer of the complainant maintains a place of\n\nbusiness.\n\nD. Remedies. 1. In any action pursuant to this section, the\n\ncourt may award any or all of the following types of relief by\n\nrequiring the employer to:\n\na. comply with the provisions of the Oklahoma Uniformed\n\nServices Employment and Reemployment Rights Act,\n\nb. compensate the complainant for any loss of wages or\n\nbenefits suffered by reason of the employer's failure\n\nto comply with the provisions of the Oklahoma\n\nUniformed Services Employment and Reemployment Rights\n\nAct,\n\nc. pay the complainant an amount equal to the amount\n\nprovided in subparagraph b of this paragraph as\n\nliquidated damages, if the court determines that the\n\nemployer willfully failed to comply with the\n\nprovisions of the Oklahoma Uniformed Services\n\nEmployment and Reemployment Rights Act,\n\nd. pay actual and compensatory damages, and\n\ne. pay punitive damages. Punitive damages awarded\n\npursuant to this subparagraph shall be determined in\n\naccordance with applicable state law.\n\n2. a. Any compensation awarded pursuant to this subsection\n\nshall be in addition to, and shall not diminish, any\n\nof the other rights and benefits provided for under\n\nthe Oklahoma Uniformed Services Employment and\n\nReemployment Rights Act.\n\nb. In an action commenced in the name of the State of\n\nOklahoma for which the relief includes compensation\n\nawarded pursuant to subparagraph b, c, d or e of\n\nparagraph 1 of this subsection, the compensation shall\n\nbe held in a special deposit account and shall be\n\npaid, on order of the district attorney who commenced\n\nthe action against a state government employer or a\nd\n\nReemployment Rights Act.\n\nb. In an action commenced in the name of the State of\n\nOklahoma for which the relief includes compensation\n\nawarded pursuant to subparagraph b, c, d or e of\n\nparagraph 1 of this subsection, the compensation shall\n\nbe held in a special deposit account and shall be\n\npaid, on order of the district attorney who commenced\n\nthe action against a state government employer or a\n\nprivate employer, directly to the complainant. If the\n\ncompensation is not paid to the complainant because of\n\ninability to do so within a period of three (3) years,\n\nthe compensation shall be deposited in the Unclaimed\n\nProperty Fund of the State Treasury pursuant to the\n\nUniform Unclaimed Property Act, Section 651 et seq. of\n\nTitle 60 of the Oklahoma Statutes.\n\n3. The State of Oklahoma shall be subject to the same remedies,\n\nincluding prejudgment interest, as may be imposed upon any private\n\nemployer under this section.\n\nE. Equity powers. The court shall use, if it deems\n\nappropriate, its full equity powers, including temporary or\n\npermanent injunctions, temporary restraining orders, and contempt\n\norders, to vindicate fully the rights or benefits of persons under\n\nthe Oklahoma Uniformed Services Employment and Reemployment Rights\n\nAct.\n\nF. Standing. An action pursuant to the Oklahoma Uniformed\n\nServices Employment and Reemployment Rights Act may be initiated\n\nonly by a person claiming rights or benefits as provided in the act\n\nunder subsection A of this section or by the State of Oklahoma under\n\nparagraphs 1 and 2 of subsection A of this section.\n\nG. Respondent. In any action pursuant to the Oklahoma\n\nUniformed Services Employment and Reemployment Rights Act, only an\n\nemployer or a potential employer shall be a necessary party\n\nrespondent.\n\nH. Fees and court costs. 1. No fees or court costs shall be\n\ncharged against or imposed upon any person claiming rights under the\n\nOklahoma Uniformed Services Employment and Reemployment Rights Act.\n\n2. In any action or proceeding to enforce a provision of the\n\nOklahoma Uniformed Services Employment and Reemployment Rights Act\n\nby a complainant who obtained private counsel for an action or\n\nproceeding, the court may award a prevailing complainant reasonable\n\nattorney fees, expert witness fees, and other litigation expenses.\n\nI. Definition. As used in this section, \"private employer\"\n\nincludes the political subdivisions of the State of Oklahoma as\n\ndefined in Section 5 of this act.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"eb9b0acf907dea1a96deb16f28f994ec8feb1778f7e37de6e10d4417fc984903","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-4322","next":"us-ok/okla.-stat.-tit.-44-44-4326"},"notice":"GroundRules: Original legal text. Not legal advice."}