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Louisiana Wrongful Termination Laws
There are no excuses for discrimination in the workplace, especially when an employee is wrongfully terminated as a result. Federal laws protect employees across the country, primarily through the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. There are additional laws in each state supplementing those federal laws, and Louisiana is no exception. As an “at will” employment state, employees and employers have the right to terminate employment for any reason apart from those specifically listed in state and federal laws. Louisiana has EEOC and human rights agencies to assist employees; however, employees have the right to file their own civil lawsuit without going through those state agencies.
Louisiana’s Specific Labor Laws
While Louisiana doesn’t have the most stringent supplemental laws addressing wrongful termination, they do have a number of very specific statutes covering most areas of the workplace:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
Yes |
|
|
State Minimum Wage |
No |
|
|
State Military Leave |
Yes |
State military forces entitled to the same rights as found in USERRA; guaranteed same benefits as employees on other types of leave; required to report back to work within 72 hours of release from duty or recovery from disability; guaranteed reinstatement; cannot be terminated without cause for 1 year; U.S. National Guard members guaranteed 15 days paid leave/year for training. |
|
Jury Duty |
Yes |
Regular employee, 1 paid day; cannot lose other leave or benefits as a result; no retribution; must give reasonable notice; |
|
Voting |
No |
|
|
Garnishment |
Yes |
$3 fee/pay period; no consequences for garnishment unless for 3 or more unrelated debts within 2-year period; may not be fired if garnishment is for accident or illness resulting in 10 or more consecutive days’ absence from work |
|
State Family & Medical Leave |
Yes |
Pregnancy/maternity leave in businesses with more than 25 employees; bone marrow donation provisions for those with 20 or more employees; school activities leave for all employees; bone marrow leave only for employees with 20+ hours/week; leave periods should be reasonable time periods, not longer than 4 months for pregnancy/maternity leave; up to 40 hours’ paid leave/year for bone marrow donation; school activities, 16 hours/year |
|
Arrest & Conviction Records |
Yes |
Employers cannot use prior convictions as the only bases for disqualification for employment or professional/occupational licenses unless field directly related to felony conviction; exceptions: medical, engineering/architecture, or funeral/ embalming licenses, among others. |
|
Discrimination |
Yes |
20 or more employees; age (40 or older); national origin; disability (physical or mental), gender; race; religion; genetic testing; sickle cell trait |
|
Whistleblower |
Yes |
Primarily apply to labor/insurance and environmental laws, rules, and regulations (including lead hazard); for public employees reporting governmental abuses, may apply to government ethics agencies for remedies; for public and private employees reporting environmental abuses, eligible for triple damages, court costs, attorney’s fees, plus other civil and criminal remedies |
|
Plant Closings |
Yes |
Applies to job loss due to environmental protection agency laws; those out of work due to relocation or technology changes resulting from EPA laws entitled to assistance from Displaced Worker Retraining Program through Department of Workforce Development |
*These laws change often, so consult local statutes for the most up-to-date information.
Louisiana Discrimination Laws
Workplace discrimination is against both state and federal laws. The federal laws cover discrimination based on race, color, religion, sex, or national origin. With Louisiana’s supplemental employment protection laws, citizens of the state have many options for procuring their rights in the workplace, including state EEOC and human rights agencies, as well as private lawsuits, according to these guidelines:
- State agencies do not preempt private lawsuits for wrongful termination due to discrimination abuses
- The state allows employees to privately pursue discrimination claims
- Employees are allowed to recover attorney’s fees from a defendant
- The statute of limitations for discrimination claims is not specified
Filing a Claim for Wrongful Termination
Claims filed according to those guidelines can be assured that agencies will investigate and attempt to mediate a settlement. If those measures fail, the agency may also file a lawsuit on the employee’s behalf. However, the employee may bypass the agency process and file their own lawsuit with the help of an employee rights lawyer.
Legal Remedies for Wrongful Termination
If the employee and the agency or lawyer representing them can prove a case for wrongful termination, there are a number of remedies they may obtain, including reinstatement of their job and benefits, back pay, compensation for their stress and difficulties, injunctive relief in the workplace, court costs and attorney’s fees, and punitive damages.
Employers may also face additional penalties for violation of wrongful termination laws:
Jury duty – for wrongful termination, fines of between $100 and $1,000 for each employee and reinstatement with full benefits; for failure to grant paid leave when applicable, fines of $100 to $500, liable for full day’s lost wages
Garnishment – for wrongful termination, reinstatement and lost wages (though no damages); for denial of employment, reasonable damages
Louisiana has taken great pains to provide additional protection for employees in their state. While state EEOC and human rights agencies may provide assistance, there are also civil options available to the employee, which they may pursue with the assistance of an employee rights attorney. There are many details involved in these laws that apply in a number of specific situations. Without the advice of a lawyer, it can be all too easy for the employee to be unaware of some of their rights and protections.
Local Resources
EEOC Regional Offices
Louisville Area Office
New Orleans Field Office
1555 Poydras Street, Suite 1900
New Orleans, LA 70112
800-669-4000 TTY: 800-669-6820
FAX: 504-589-6861
Commission on Human Rights
Baton Rouge, LA
225-342-6969
www.gov.state.la.us/HumanRights/humanrightshome.htm