Oklahoma § 38-35 - Civil liability - Damages

§ 38-35. Civil liability - Damages

Every person, firm or corporation who discharges an employee,

causes an employee to be discharged, takes other adverse action

Oklahoma Statutes - Title 38. Jurors

against an employee or requires an employee to use sick, annual or

vacation leave because of said employee’s absence from employment by

reason of said employee’s having been required to serve as a grand,

multicounty grand, or petit juror on a grand, multicounty grand, or

petit jury shall be liable to the employee in a civil action at law

for both actual and exemplary damages. Damages shall include all

pecuniary losses suffered including, but not limited to, lost

earnings, both past and future, the value of lost leave, mental

anguish and all reasonable damages incurred in obtaining other

suitable employment. The provisions of this section shall not

require an employer to pay an employee wages for the time the

employee is absent from employment for jury duty unless the employee

takes paid leave for that purpose. It shall be the decision of the

employee whether to use paid leave or take leave without pay for

absence from employment for jury duty.

Added by Laws 1978, c. 142, § 2, eff. Oct. 1, 1978. Amended by Laws

1987, c. 99, § 16, eff. Nov. 1, 1987; Laws 2002, c. 134, § 2, eff.

Nov. 1, 2002; Laws 2004, c. 525, § 11, eff. July 1, 2004.