Oklahoma Whistleblower Law
Prior to 2011 whistleblowers were protected under common law “public policy” tort. In 2011 the State Legislature enacted the Oklahoma Anti-Discrimination Act, OKLA. STAT. tit. 25 § 1101, 1350, and “abolished” common law employment claims. In Moore v. Warr Acres Nursing Center, 2016 OK 28 (March 8, 2016), the Oklahoma Supreme Court affirmed the use of a narrow public policy exception.
Court Decisions:
- Burk v. K-Mart Corp., 770 P.2d 24 (Okla. 1989)
- Darrow v. Integris Health, Inc., 176 P.3d 1204 (Okla. 2008)
- Shepard v. Compsource Oklahoma, 209 P.3d 288 (Okla. 2009)
- Vasek v. Board of County Commissioners of Noble County, 186 P.3d 928 (Okla. 2008) (Occupational Safety and Health Administration statute is not an exclusive remedy and common law tort is applicable)
- Hall v. Davis H. Elliot, 2012 W.L. 3583017 (N.D. Ok. 2012) (the Anti-Discrimination Act abolished the prior-existing common law remedies for wrongful discharge)
Statutes:
- Oklahoma Anti-Discrimination Act, 25 OK Stat § 25-1101, et seq.
- Oklahoma Whistleblower Act, 74 OK Stat § 74-840-2.5 (statutory remedy for state employees)
- 40 OK Stat § 40-403 (health and safety)
- 74 OK Stat § 74-840-1.2–1.3 (state employees)
Frequently Asked Questions
Does Oklahoma have a False Claims Act (FCA)?
Yes, though Oklahoma’s law is the Medicaid False Claims Act which only applies to false claims under the state’s Medicaid program.
Does the Oklahoma FCA have a whistleblower provision?
Yes. In Oklahoma, a healthcare false claims whistleblower may receive an award of 15 to 25 percent of the collections in cases where the state intervenes and 25 to 30 percent in cases where there is no state intervention.
Does Oklahoma recognize the public policy exception for wrongful termination?
Yes. Oklahoma employers cannot terminate workers for adhering to existing public policy mandates, or refusing to violate them.
