Governmental Tort Claims Act; limiting settlement awards for wrongful termination claims; providing for inclusion of certain damages. Effective date.
Summary
SB2084 creates a new section of law in Title 51 governing wrongful termination claims involving faculty members at institutions within the Oklahoma State System of Higher Education. It defines key terms, including “faculty member,” “institution,” and “wrongful termination claim,” and applies the new rule to claims seeking monetary or equitable relief under state law.
The bill limits the total amount an institution may pay to resolve a faculty member’s wrongful termination claim to no more than two years of the faculty member’s base salary, compensation, or contractual benefit as of the date of termination. The cap applies whether the matter is resolved by settlement, arbitration, or court judgment, and it expressly includes back pay, compensatory damages, liquidated damages, and other monetary relief. It excludes retirement contributions already earned and accrued unpaid wages or leave. The bill does not apply to written contracts involving non-faculty employees.
Impact
SB2084 narrows potential liability for public higher education institutions in Oklahoma by capping damages and settlement amounts in faculty wrongful termination disputes. It amends the state’s Governmental Tort Claims Act framework by adding a specific limitation for these claims and by excluding certain earned wages and retirement-related amounts from the cap. The practical effect is to reduce exposure for institutions and governing bodies while preserving some recovery for affected faculty members.
Sentiment
The bill appears to have received generally favorable support in both chambers, advancing through committee and floor votes with clear majorities. However, the recorded votes also show meaningful opposition, especially in the House Judiciary and Public Safety Oversight Committee, suggesting the measure was not unanimous and drew concern from some legislators. Overall, the sentiment was supportive but not without reservations.
Contention
The main point of contention is the bill’s cap on recovery for faculty wrongful termination claims, which limits total payouts to two years of compensation regardless of the size of proven damages. Supporters likely view the cap as a liability-control measure for higher education institutions, while opponents may see it as restricting remedies for wrongfully terminated faculty. Another likely issue is the bill’s narrow scope: it applies only to faculty members, not other employees, which creates a distinction that may be viewed as either targeted policy or unequal treatment depending on perspective.