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Questions Answered by J. Heath Dillon
1 Answer | Asked in Uncategorized for Louisiana on
Q: Can I sued my employer for letting other employees use the N-word towards me when I spoke to management and she said it

was appropriate to used and say towards me bc it's in a song

J. Heath Dillon
J. Heath Dillon
answered on Dec 10, 2020

An employer may not discriminate against employees based on race. Federal and state law prohibits this. Additionally, employers, managers and leaders have an obligation to ensure that employees under their supervision are not participating in discriminatory behavior. Us of the "N" word... View More

1 Answer | Asked in Banking and Military Law for Louisiana on
Q: What type of account is qualified for Louisiana Statute 29:312. I’m a servicemember who was told an account do not qual.

I’m a servicemember who was told he did not qualify for Louisiana Statute 29:312 due to my loan being a signature loan.

J. Heath Dillon
J. Heath Dillon
answered on Dec 10, 2020

It appears you were mislead by whomever told you the law doesn't apply to a signature loan. Recommend you consult with the Legal Assistance Office (part of JAG) at whatever installation to which you're assigned to get personal legal consult, advice and representation. Good luck.

1 Answer | Asked in Criminal Law for Louisiana on
Q: Was attempt simple arson effective in July 2007?

I saw data that spoke vaguely about attempt simple arson and how it was placed in effect in July 2007, was that the first time that the law was implemented or was it an amendment from a greater charge?

J. Heath Dillon
J. Heath Dillon
answered on Dec 9, 2020

Yes, both simple arson and attempt (so attempted simple arson) were enunciated crimes in Louisiana long before 2007. Not sure what you saw.

2 Answers | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: I was laid off without notice by my employer and everyone else still has a job. Can I sue?

I work construction and all other employees had another job to report to but I didn't. I asked my supervisor where I was going next and I was told to call the office. I called and they told me I was laid off out of the blue. They told me there was no work even when the other employees had jobs... View More

J. Heath Dillon
J. Heath Dillon
answered on Dec 10, 2020

1) You don't have a right to employment with this employer.

2) Louisiana is an at-will employment state, which means that an employer can fire an employee for just about any reason or for no reason at all - just not for a reason protected by law.

3) As written previously by my...
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1 Answer | Asked in Employment Law and Tax Law for Louisiana on
Q: The company i work for changed my tax information with out my concent I started with a w-2 form with no dependents almot

3 years ago and now here a few months ago they changed my taxes from a w-2 form to a 10-99 form and changed my dependents to 99 and never gave me a notice or nothing isn't that illegal and can I sue them for doing that without my consent

J. Heath Dillon
J. Heath Dillon
answered on Dec 6, 2020

You don't have a colorable lawsuit or any damages to speak of. Fix the situation with your employer/HR department, etc as soon as possible.

1 Answer | Asked in Child Custody and Juvenile Law for Louisiana on
Q: I’m 17 years old, I’m 3 months from being 18. Am I allowed to move out without parents consent.

No additional information.

J. Heath Dillon
J. Heath Dillon
answered on Dec 5, 2020

No, you are still considered a minor by law. You can jump out into the world and all of its accompanying responsibilities as an adult once you are 18. Until then, you could consult with a family law attorney to discuss emancipation, but that process would likely take you through your 18th... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: I was fired from a job a few years ago after I was given Marijuana lollipops can my exemployer give that information out

I have not applied for a job with a woman and she found out why I was fired and she is now threatening me with it. Please advise

In Louisiana

J. Heath Dillon
J. Heath Dillon
answered on Dec 5, 2020

Your former employer violated no law by releasing the reason for your prior termination to a third party - like a prospective employer.

1 Answer | Asked in Employment Law and Employment Discrimination for Louisiana on
Q: I was laid off because I’m severely allergic to Christmas trees a real one is in the building do I have a case?

The temp agency couldn’t get any accommodations for me even though I offered to work outdoors under the carport. The refusal to accommodate because of my severe allergic reaction to Christmas trees seems wrong due to the company has policies regarding scents used in the building. My unemployment... View More

J. Heath Dillon
J. Heath Dillon
answered on Dec 5, 2020

There are many unknown variables involved in your situation and in response to your inquiry. Consequently, it is not possible to state definitively whether your employer did anything wrong. To name a few - you have not provided information as to the size of your employer (how many employees are... View More

1 Answer | Asked in Criminal Law for Louisiana on
Q: La CCP art 713 does it mean if both lawyers agree judge must grant continuance?
J. Heath Dillon
J. Heath Dillon
answered on Dec 1, 2020

No, both parties need not agree under LA C.Cr.P. Article 713 on the need for a continuance based on peremptory grounds. Such grounds only exist, however, when one party can show that despite due diligence they have been unable to obtain necessary evidence and need more time to do so or a necessary... View More

1 Answer | Asked in Traffic Tickets for Louisiana on
Q: Am I required to pay court cost on a traffic ticket if I pay the ticket before the court date in my state?

I received a traffic ticket. I called to get the cost of the ticket and was told that I would have to pay court cost. I asked why I had to pay court cost if I was planning on paying the ticket before my court date. I have not received an answer as of yet. Would like to know the law?

J. Heath Dillon
J. Heath Dillon
answered on Nov 11, 2020

There are no "court costs" to pay if you pay your traffic ticket prior to the due date on the citation. Typically, there is an identified dollar amount for the kind of citation you received (that may be increased depending on facts - amount of speed over limit for example). There may... View More

1 Answer | Asked in Military Law on
Q: 4 year initial enlisted contract but reupped/reenlisted at 2 years. Will I get the GI Bill for this period of service?

The 2 year being the period of service in question for the eligibility of the GI Bill

J. Heath Dillon
J. Heath Dillon
answered on Nov 5, 2020

You're eligible now for partial GI Bill benefits. Usually, 36 months service is required for full benefits. Take a look at the site pasted below for further, more detailed information pertaining to your question. Thanks for your service.

www.va.gov/education/eligibility

1 Answer | Asked in Criminal Law for Louisiana on
Q: I have written agreements for the expenses can charges still be filed or would it move in there favor
J. Heath Dillon
J. Heath Dillon
answered on Oct 28, 2020

You can still report the vandalism. Law enforcement will still investigate and the issue can still be prosecuted. Written agreements for restitution are evidence of the act itself, so they are helpful to further prosecution.

2 Answers | Asked in Criminal Law for Louisiana on
Q: If a person vandalize you car but you make an agreement for damages can you still press charges against that person
J. Heath Dillon
J. Heath Dillon
answered on Oct 28, 2020

Yes. Restitution to the victim of property damage is only part of typical punishment for vandalism, but that doesn't negate the criminal act itself. You can still contact law enforcement and report the vandalism, and the person who committed the act of vandalism can still be legally punished... View More

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1 Answer | Asked in Criminal Law for Louisiana on
Q: What is the legal distance for discharging a firearm in Louisiana?
J. Heath Dillon
J. Heath Dillon
answered on Oct 26, 2020

I apologize, but I think you're going to have to provide more information in order to get a meaningful response. What are you shooting at? Where are you shooting - city limits, outside city limits, proximity to a road? What caliber handgun/shotgun/rifle are you shooting? Why are you asking... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Louisiana on
Q: can a first offense aggravated flight get reduced to a misdemeanor

& if so would probation be considered or jail time?

J. Heath Dillon
J. Heath Dillon
answered on Oct 18, 2020

Anything theoretically "could" be reduced to a misdemeanor. Whether the DA's Office will, in fact, reduce such a charge will depend on many factors - the criminal record of the defendant, the circumstances of the alleged misconduct, the strength of the evidence in support of the... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Louisiana on
Q: To receive snap benefits in Louisiana with felony drug charges, is it 1 yr after release or 1 yr after being off paper
J. Heath Dillon
J. Heath Dillon
answered on Oct 18, 2020

In Louisiana, a felony drug convict is ineligible for SNAP benefits for one year after the completion of all terms of his sentence, including any probation, jail sentence, suspended jail sentence, etc.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Public Benefits for Louisiana on
Q: I just want to be certain about this, can you receive snap benefits in Louisiana if you have prior drug convictions?
J. Heath Dillon
J. Heath Dillon
answered on Oct 18, 2020

In Louisiana, a person with a felony conviction for drug use/possession is ineligible for SNAP benefits for a period of one year after the completion of any sentence imposed as a result of such conviction.

2 Answers | Asked in Criminal Law for Louisiana on
Q: my question is, is a mentally disabled person able to be put behind bars for stealing mail?
J. Heath Dillon
J. Heath Dillon
answered on Oct 15, 2020

The person in question needs to talk this over with a criminal defense attorney.

A person who, due to mental defect, is unable to understand right from wrong may be found not criminally liable for his actions. Otherwise, mental state is not going to shield a mentally challenged person...
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1 Answer | Asked in Family Law, Divorce and Traffic Tickets for Louisiana on
Q: I need an attorney that practices in both states of Louisiana & Mississippi. Mississippi case would be family law And

The Louisiana case is a traffic violation.

J. Heath Dillon
J. Heath Dillon
answered on Oct 9, 2020

I notice that you have not received a response after some amount of time. I suggest you change your approach. By asking for an attorney licensed in both Mississippi and Louisiana who practices particularly in family law AND traffic citations, you have narrowed your pool of potential attorneys... View More

1 Answer | Asked in Animal / Dog Law for Louisiana on
Q: My friend got a dog for his mom, but she couldn’t take of him. He ended up giving the dog to me, but is now demanding

The dog back, saying that he’s technically not my dog since I haven’t paid for him, but I have texts showing that he told me I could get him his money at the end of the week of October 10th. He’s threatened to call the cops, and he refuses to give me his shot record/bill of sale. What can I do ?

J. Heath Dillon
J. Heath Dillon
answered on Oct 8, 2020

Well, this is unfortunate! This is posted in the criminal section of Justia, but is really more of a property / contract issue.

The ownership of the dog will ultimately boil down to determining the intent between you and your friend when you received the dog. You say the intent was for...
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