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What does an Oklahoma whistleblower have to prove?

November 2020 employment law letter
Authors: 
Charlie Plumb, McAfee & Taft

Under some circumstances, Oklahoma law recognizes a former employee may sue her employer for wrongful discharge if she were fired for performing an act consistent with state public policy. One example is a “whistleblower” lawsuit. In essence, the whistleblower claims she was fired because she reported some wrongdoing or illegal act on the part of her employer or coworkers. Invariably, she claims her discharge was based on her protected reporting, while the employer contends she was fired for other, unrelated reasons. So, what does an Oklahoma whistleblower have to prove to win her wrongful discharge lawsuit?

Suing Carter County

The county seat of Carter County, Oklahoma, is Ardmore. [An Oklahoma history moment: Created at statehood, the county was named after Charles David Carter, of Chickasaw and Cherokee heritage. Ardmore predates statehood and was founded in 1887. "Ardmore" is Irish for high grounds or hills.] Becky Wright worked in the Carter County Clerk’s Office. When she was fired from her job, she sued the county commissioners for, among other things, wrongful discharge.

In her lawsuit, Wright claimed she was a whistleblower. More specifically, she alleged she was terminated because she reported criminal misconduct by the county clerk, Cynthia Harmon, to the sheriff and the FBI.

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