Okla. Stat. tit. 44, § 44-4323

Oklahoma Statutes - Title 44. Militia Page 213

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,

Oklahoma Statutes - Title 44. Militia Page 214

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
d

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

Oklahoma Statutes - Title 44. Militia Page 215

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.