Oklahoma § 44-4322 - Refusal to comply – Complaint process

§ 44-4322. Refusal to comply – Complaint process

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

2.

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.

Added by Laws 2021, c. 122, § 16, emerg. eff. April 21, 2021.