Madalene A.B. Witterholt

madalene-witterholt bio image

[email protected]

918.592.9809

How do I help employers with their workplaces challenges and opportunities?

I help employers solve problems before they become lawsuits—and when a lawsuit or administrative proceeding arrives, I know how to handle it. My approach begins with understanding how a client actually operates, from the factory floor and oil field to the executive suite, so I can sift through complicated employment law turning it into straightforward advice that people can use. After decades of representing employers, I have developed a seen-it-all perspective that lets me anticipate problems, respond quickly, and help clients make sound decisions without losing sight of what matters most: running their businesses.

Building employment relationships from the beginning

Madalene Witterholt brings a comprehensive, hands-on approach to labor and employment law, advising clients throughout the entire employment relationship, from applications, hiring and I-9 compliance through workplace policies, compensation, discipline, accommodations, investigations and separation. She works with employers of all sizes and across multiple industries, often developing long-standing relationships that span decades and following key personnel when they move from one company to another. Her goal remains straightforward: identify risks early, address them practically and give clients the confidence to know when—and why—to call her.

Converting legal issues into practical decisions

Known for her ability to “translate from Legal to English,” Madalene gives clients direct, understandable advice without burying them in legal jargon. She takes the time to understand how a company operates and tailors her recommendations accordingly, recognizing that the right solution for a 12-person business may look very different from the right solution for a 500-person employer. Her clients value her accessibility, responsiveness and willingness to tackle difficult questions without judgment or unnecessary drama.

Managing risk before problems escalate

Madalene approaches employment law as a continuum of risk management rather than a series of isolated legal emergencies. She regularly advises employers on employee handbooks, policies, job descriptions, wage and hour classifications, OSHA compliance, safety programs, NLRB compliance, FMLA and ADA issues, reductions in force, employment agreements, internal investigations and return-to-work matters. She also assists employers facing audits and investigations by the U.S. Department of Labor, Equal Employment Opportunity Commission and Occupational Safety and Health Administration, helping clients understand what regulators need and how to respond when the stakes are high.

Navigating administrative agencies and complex disputes

Madalene has developed substantial experience dealing with the administrative side of employment law, including EEOC charges and mediations, DOL investigations and negotiations, OSHA investigations and whistleblower matters, and issues involving the National Labor Relations Board and organized labor. That experience gives her an unusually broad perspective when a workplace issue moves beyond ordinary employment advice. She also represents employers in state and federal litigation involving discrimination, harassment, retaliation, wage and hour claims, FMLA and ADA matters, WARN Act issues and other employment disputes.

Bringing seen-it-all experience to litigation

When litigation can’t be avoided, Madalene draws on extensive trial and appellate experience to defend employers through every stage of a dispute. Her practice encompasses federal and state court litigation, administrative proceedings, workers’ compensation defense and general civil litigation, including unusual matters that don’t fit neatly into a practice-area box. She prepares clients for depositions and trial testimony with the same straightforward approach she brings to everyday counseling: explain what to expect, identify where the risks lie and develop a practical path forward.

Walking the workplace instead of just reading about it

Madalene believes effective employment counsel needs to understand more than the law; lawyers need to understand the workplace. She has walked manufacturing lines, visited oil-field operations, and worked directly with employees and managers to understand how policies function in practice. That hands-on perspective helps her spot potential problems that may never appear in a personnel file and gives her credibility with everyone from foremen to senior executives.

Standing ready when problems arrive

Appreciating that clients want and deserve reliable responsiveness, Madalene has built her practice around being there when clients need her, including when an issue arrives unexpectedly and outside ordinary business hours. Whether an employer needs help with a routine personnel question, a government investigation, an internal crisis or a difficult decision involving an employee, she responds with the same combination of persistence, tenacity and practical judgment. Her philosophy is simple: She doesn’t want to run a client’s business; she wants to help make sure the client has a business to run.

Experience

Representative experience includes*:
  • Wanda Mardis v. Jackson Hewitt Tax Service Inc., U.S. District Court for the District of New Jersey Obtained dismissal of a class action for defendants based on a dismissal for lack of jurisdiction.
  • Love, Beal, & Nixon, P.C. v. Best Buy Co., Inc. and ADP, LLC, Western District of Oklahoma Summary Judgment granted to Defendants.
  • Meadows v. Latshaw Drilling, Fifth Circuit Court of Appeals Upholding the Northern District of Texas, Dallas Division Order Granting Summary Judgment to Drilling Company employer under the WARN Act.
  • Maldonado v. Greenleaf Nursery, Oklahoma Court of Civil Appeals Employer relieved of liability due to horseplay.
  • Gaff v. St. Mary's Regional Medical Center, Western District of Oklahoma Summary Judgment granted to Employer on issues of sex discrimination and retaliation. Affirmed, 10th Circuit
  • Frantz v. Albertson, Western District of Oklahoma Summary Judgment granted to Employer on issues of FMLA, ADA and Retaliatory Discharge.
  • Carder v. U. S. Beef Corporation, Western District of Missouri, Kansas City Division Summary Judgment granted to Employer on Age Discrimination Claim.
  • Hooks v. Oklahoma Safety Equipment Co., Inc., Northern District of Oklahoma Summary Judgment granted to Employer on Race Discrimination Claim.
  • Cobb v. OSU-Tulsa/Follett College Book Co., Northern District of Oklahoma Motion to Dismiss granted to Follet on Age Discrimination Claim.
  • Whitfield v. Lincoln Mountain Life Insurance, Northern District of Oklahoma ERISA-Trial Court upholds Plan Administrator's decision.
  • Williams v. Universal Health Systems, Western District of Oklahoma Summary Judgment granted to Employer on Race Claim. Affirmed, 10th Circuit
  • Pinnacle Rehabilitation Hospital v. Rivera-Villareal, Oklahoma Court of Civil Appeals Court of Appeals overturns lower court denial of attorneys' fees to medical providers and grants fees and costs as an exception to the American Rule
  • Jefferson Hampton v. Gerdau Ameristeel, Oklahoma Court of Civil Appeals Oklahoma Court of Civil Appeals, de novo, reviewed the relationship between Sheffield Steel and Gerdau Ameristeel and affirms that Sheffield's name only was changed and not the actual employer of Claimant thus allowing for a significantly lower compensation rate for Workers' Compensation disability
*Past results afford no guarantee of future results. Every case is different and must be judged on its merits.

Credentials

  • University of Tulsa College of Law, J.D., 1983
  • University of Tulsa, B.A., 1980
    • Dean’s List
    • President’s List

  • Oklahoma
  • Texas
  • U.S. Court of Appeals Tenth Circuit
  • U.S. Court of Appeals Fifth Circuit
  • U.S. District Court Eastern District Oklahoma
  • U.S. District Court Northern District Oklahoma
  • U.S. District Court Western District Oklahoma

  • Oklahoma Bar Association
    • Labor and Employment Law Section, (Chairperson, 1996)
    • Litigation Section
    • Workers Compensation Section
  • American Bar Association
    • EEOC Committee
    • Labor and Employment Law Section
    • Litigation Section
    • Workers Compensation Section

Honors & Awards

  • Best Lawyers, Employment Law - Management, Litigation - Labor and Employment, Workers' Compensation Law - Employers (2008 - Present)
  • Best Lawyers 2023 Lawyer of the Year (Tulsa) Litigation - Labor and Employment
  • The Journal Record 50 Making a Difference Honoree (2019)
  • Super Lawyers (2006, 2015-2017) *
  • AV Preeminent rating by Martindale-Hubbell*

Publications & Media

  • Toyota Motor Manufacturing, Kentucky Inc. v. Ella Williams – The Supreme Court Clarifies the ADA
  • Revisiting the Vortex-The Collision of the Oklahoma Workers’ Compensation Act, the FMLA and the ADA

  • Speaker, “Goodbye 2018, Hello 2019! Employment Law Update,” Tulsa Area Employers Council Meeting, January 15, 2019, Tulsa, OK
  • Speaker, “Alex, I’ll Take Potpourri for $100,” Winter Employment Law Wrap-Up, December 10, 2018, Hugo, OK
  • Speaker, “Medical Marijuana in Oklahoma: Staying Out of the Weeds,” Great Plains SHRM Meeting, November 14, 2018, Lawton, OK
  • Speaker, Sooner HR Society Meeting, November 13, 2018, Norman, OK
  • Speaker, “Alex, I’ll Take Potpourri for $100,” Muskogee Area HR Association Meeting, October 2, 2018, Muskogee, OK
  • Speaker, “Alex, I’ll Take Potpourri for $100,” Sooner HR Society Meeting, November 13, 2018, Norman, OK
  • Speaker, “It’s Time for Polynesian Potpourri!,” Crowe & Dunlevy Labor & Employment Seminar, September 17 and 25, 2018, Oklahoma City and Tulsa, OK
  • Speaker, “Everything You Always Wanted to Know About Wage and Hour Laws but were Afraid to Ask,” Oklahoma Human Resource Conference, April 25, 2018, Tulsa, OK
  • Speaker, “Let’s Take a Peek Underneath the Hood of this Cruiser—An Insider’s Look into the DOL,” Crowe & Dunlevy Labor & Employment Seminar, October 27 and November 7, 2017, Oklahoma City and Tulsa, OK
  • Speaker, Tulsa Area HR Compliance Meeting, November 1, 2017, Tulsa, OK
  • Speaker, “Interesting Cases of 2017,” Central Oklahoma HR Association Fall Conference, October 25, 2017, Shawnee, OK
  • Speaker, “Alex, I’ll Take Potpourri for $100,” Muskogee Area HR Association Meeting, October 2, 2018
  • Speaker, Annual Muskogee Area SHRM Law Seminar, October 14, 2016, Muskogee, OK
  • Speaker, Annual Enid Area SHRM Law Seminar, October 13, 2016, Enid, OK
  • Speaker, “A Spectators Sport: Recent Court Decisions Give Insight into Best Practices,” Crowe & Dunlevy Labor & Employment Seminar, September 2016, Tulsa and Oklahoma City, OK
  • Speaker, Oklahoma Bar Association 2016 Labor and Employment Law Update, September 15, 2016, Oklahoma City, OK
  • Speaker, “Smartphone Overtime: Monitoring Wage & Hour Issues in the Modern Workplace,” HR Matters, September 13, 2016, Stillwater, OK
  • Speaker, Muskogee SHRM Chapter Meeting, July 8, 2016, Muskogee, OK
  • Panelist, “Legal Q&A,” Oklahoma Human Resources State Conference & Expo, April 2016, Tulsa, OK
  • Speaker, “Fear Not the FLSA,” Oklahoma Human Resources State Conference & Expo, April 2016, Tulsa, OK
  • Speaker, “Spring into Action—Changes to Wage and Hour Law Expected in 2016,” Southeast Oklahoma Labor & Employment Roadshow, April 12, 2016, Tishomingo, OK
  • Speaker, Tulsa Area SHRM Monthly Luncheon, February 3, 2016, Tulsa, OK
  • Speaker, Great Plains SHRM Chapter Meeting, October 14, 2015, Lawton, OK
  • Speaker, Tulsa Area SHRM Monthly Luncheon, September 16, 2015, Tulsa, OK
  • Speaker, “Pearls in the Oysters of Employment Law,” Crowe & Dunlevy Labor & Employment Seminar, September 2015, Tulsa and Oklahoma City, OK
  • Speaker, “Recent Developments in Employment Law,” Hugo Labor & Employment Seminar , July 16, 2015, Hugo, OK
  • Speaker, “Employment Law Update,” Stillwater Area SHRM Monthly Meeting, May 21, 2015, Stillwater, OK
  • Speaker, “Department of Labor Do’s and Don’ts,” Southeast Oklahoma Labor & Employment Roadshow, May 14, 2015, Tishomingo, OK
  • Speaker, “How to Avoid Common Wage and Hour Mistakes,” Oklahoma Human Resources State Conference & Expo, April 16, 2015, Oklahoma City, OK
  • Speaker, “Top 10 HR Compliance Cases in 2014,” Tulsa Equal Employment Opportunity Coordinators Association, April 1, 2015, Tulsa, OK
  • Speaker, “Fair Labor Standards Act,” Western Oklahoma Human Resource Organization Monthly Meeting, March 26, 2015, Weatherford, OK
  • Speaker, “Changes and Updates to the State’s Workers’ Compensation Laws,” Western Oklahoma Human Resource Organization Monthly Meeting, November 13, 2014, Weatherford, OK
  • Speaker, “How to Work with the Department of Labor,” Ponca City Area SHRM Monthly Meeting, November 12, 2014, Ponca City, OK
  • Speaker, “Recent Developments in Labor and Employment Laws,” Tulsa Area SHRM Law Seminar, November 6, 2014, Tulsa, OK
  • Speaker, “How to Avoid Common Wage and Hour Mistakes,” McAlester Labor & Employment Seminar, October 21, 2014, McAlester, OK
  • Speaker, “The Status of Oklahoma’s Workers’ Compensation System-Did the Legislature Hit a Hole-in-One, or is the “Caddyshack” Gopher Still on the Course?,” 2014 Crowe & Dunlevy Labor & Employment Seminar, October 2, 2014, Oklahoma City, OK
  • Speaker, “Changes to Workers’ Compensation Regulations,” Oklahoma City Metro Employer Council, September 16, 2014, Oklahoma City, OK
  • Speaker, “Workers’ Compensation Overhaul,” Annual OCHRS Seminar, April 24, 2014, Oklahoma City, OK
  • Speaker, “Oklahoma Workers’ Compensation: Past, Present & Future—Reading the Tea Leaves,” The Road Map to Employment Law Issues, April 17, 2014, Tishomingo, OK
  • Speaker, “Oklahoma Workers’ Compensation Law Update”, Tulsa Equal Employment Opportunity Coordinators Association, December 4, 2013, Tulsa, OK

 

 

  • Employment Law Topics, Council on Education – Lorman

Professional Experience

  • U.S. District Court, Northern District, Law Clerk to Honorable James O. Ellison, Judge