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Benjamin Oxford

Benjamin Oxford

  • Personal Injury, Insurance Claims, Consumer Law...
  • Oklahoma
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Claimed Lawyer ProfileQ&A
Practice Areas
  • Personal Injury
  • Insurance Claims
  • Consumer Law
  • Products Liability
  • Civil Rights
  • Appeals & Appellate
  • Arbitration & Mediation
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Oklahoma
Oklahoma Bar Association
10th Circuit
Education
University of Arkansas School of Law
J.D. (2008)
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Awards
President's Award
Tulsa County Bar Association
Professional Associations
Oklahoma Bar Association # 22259
Member
Current
Websites & Blogs
Website
Legal Answers
11 Questions Answered

Q. If my employer gives me a drug test do I have a right to the reports, statements, and results regarding the drug test?
A: By law the employer has to make these records available for your inspection and copying, but only upon your request. The law is found at Title 40, Section 556, the Standards for Drug and Alcohol Testing Act. I recommend you make the request in writing. If you have questions, feel free to contact me. There are civil penalties for violating the Act.
Q. Do you think I have a case? Miscarriage due to refusal of medical treatment while in jail for 41 days in two counties.
A: Yes you may have a case. You need to show that the jail was aware of your medical needs, or it was otherwise obvious, and the jail was indifferent to this need. You must also show the lack of care was the cause of the miscarriage. You need to hire an attorney with experience in civil rights cases against a jail. I would be happy to talk to you about it.
Q. If there is central air in my apartment and it goes out does the landlord have to fix it
A: Probably yes, but it depends on your lease. The landlord has to keep the apartment in a habitable condition, and not having air conditioning probably renders the apartment uninhabitable in the summertime in Oklahoma. That does not necessarily mean you can break your lease, but the landlord is likely responsible to fix it.
Q. I'm from Oklahoma. What constitutes common law in this state?
A: No. Living together is not enough to create a common law marriage in Oklahoma. You have to treat each other, and hold out to the public, that you are married. Taking the same name, having children, sharing bank accounts, owning property, and telling the general public that you're married are all things the court would consider. Simply sharing the same house isn't likely to be enough. You should consult with an attorney to get a more detailed opinion.
Q. Can a builder ask for compensation without a written contract for suggesting an architect and meeting with you ..
A: Possibly. It depends on what your discussions were. Verbal contracts can be binding. It doesn't help that he was copied on emails and attended some meetings. That may entitle him to some amount of compensation, though probably not much. I would need more information before telling you for sure, and you need to talk to the architect about how much he participated in the design.
Q. How do I find Oklahoma law/Statutes prior to 2006? Specifically §22-3 and §22-152 from 1996?
A: You can go to www.oscn.net and find what you need. Click on Legal Research, then Oklahoma Statutes Citationized, then go to the title and section you're looking for. The current version will display, but towards the bottom of the screen there will be a link to superseded documents. Find the version you are looking for and click on that link.
Q. Employer assured me a nuetral refrence & gave me severance pay. I checked up on them and they are not keeping their word
A: When you apply for a new job, they often request permission to contact your former employers. If you consented to this, then your former employer is immune from civil liability, per the law in Oklahoma. If you can show they provided false information, then the former employer loses their immunity, and you could sue for fraud. However, you may also have a breach of contract claim, because the employer agreed to only provide dates of employment and the position. I would need more information to give you an opinion about that.
Q. Can a son sue for wrongful death of father for medical malpractice if the father's wife doesn't want to?
A: I'm sorry to hear about your father. You can sue on your own behalf, and potentially on behalf of your father's estate. The wrongful death statute in Oklahoma allows children to bring their own claims for grief and financial loss. Additionally, you can bring the claim on behalf of the estate if you are appointed by a Judge to be the representative, and it is common for an adult child to do so.
Q. Is it illegal to fire an employee who's off the time clock and not to told they were fired to there face? Is
A: Yes. Those circumstances alone probably do not make the termination wrongful, but we would need more information. Oklahoma is an "at will employment" state, but there may be other reasons the termination was improper.
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Contact & Map
Oxford Lehr, PLLC
1800 S. Baltimore Ave
Suite 825
Tulsa, OK 74119
USA
Telephone: (918) 884-6016