The Oklahoma Court of Civil Appeals recently decided the case of Brad D. Asher, et al. vs. Parsons Electric, L.L.C., 2020 OK CIV APP 13. This case involved interpretation of 40 O.S. § 172. Asher centered around an e-mail sent from a representative of one joint venture to another. It provided a list of employees who had been terminated from employment on the project, as well as the reasons for termination. Although the Court ultimately concluded that the statute did not apply because the communication was between joint ventures, the teachings of the case are applicable and relevant, particularly in the instant economic environment.
The statute provides as follows:
No firm, corporation or individual shall blacklist or require a letter of relinquishment, or publish, or cause to be published, or blacklisted, any employee, mechanic or laborer, discharged from or voluntarily leaving the service of such company, corporation or individual, with intent and the purpose of preventing such employee, mechanic or laborer, from engaging in or securing similar or other employment from any other corporation, company or individual.
Section 173 of Title 40 provides a penalty of between $100.00 and $500.00. More importantly, however, it provides for a specific cause of action against the former employer. The Court in Asher noted that it appears that the Oklahoma Legislature “intended to prohibit the intentional interference of a former employer with an employee’s attempt to seek work elsewhere.”
Some believe that there is a correlation between a poor economy and the number of lawsuits filed. If former employees are desperate and have nothing to lose, they may be more likely to pursue litigation. Although representatives of employer cities and towns should never speak disparagingly about former employees, the potential for litigation should serve as a powerful motivator to provide only basic information about former employees. OMAG generally recommends that its member cities and towns provide only the name, position, and dates of service of former employees. The potential for litigation should also serve as a reminder to be thoughtful in e-mail and text communications about current and former employees, particularly to those outside of the organization.