Okla. Stat. tit. 44, § 44-4322
This is the official text of Okla. Stat. tit. 44, § 44-4322, part of Oklahoma’s Stat. tit. 44, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 44,." Browse the sections below, each linked to its official government source.
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Refusal to comply – Complaint process
Official statutory text
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
Oklahoma Statutes - Title 44. Militia Page 212
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.
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
Oklahoma Statutes - Title 44. Militia Page 212
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.
Status: in_force · Read it on the official government site
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