Dallas, TX asked in Employment Discrimination and Employment Law for Louisiana

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 to go to. I just feel like I was lied to and I feel like they actually fired me. I ended up texting my supervisor to ask if I was actually laid off or fired. His response was "you need to find other work". That's all he said. I also suffer with anxiety and panic attacks. Something went wrong with my medications and it forced me to miss a couple days of work. I feel like my condition may have had something to do with it. When I say I was lied to, I'm referring to where my supervisor said there wasn't any work when all other employees had jobs to report to.

2 Lawyer Answers
Kyle Anderson
Kyle Anderson
  • Employment Law Lawyer
  • Columbus, OH

A: More information is needed here. Your medical conditions may qualify as a "disability" under the Americans with Disabilities Act. That law provides employees with certain protections. You may also qualify for FMLA depending on the amount of time you worked for the company and depending on the severity of the medical condition that caused you to miss work for a couple days. I highly recommend reaching out to an employment law attorney in your state for a consultation.

J. Heath Dillon
J. Heath Dillon
  • Leesville, LA
  • Licensed in Louisiana

A: 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 colleague, there are a couple of laws that might apply - but it would be a stretch, and much more information would be necessary to determine applicability and protection of those laws. Temporary or transient medical conditions, like might be caused by short term problems with medications, would not qualify for protection under either of those laws.

4) Even if one of the above contemplated laws were implicated by your medical condition, you still have requirements to comply with all policies of the employer related to taking leave. It sounds like you may have missed work, contrary to policies of the employer.

5) Recommend you not put all your eggs in the basket of a lawsuit and instead pursue other employment. If you want to further understand the law in this area and your rights, I also recommend, like my colleague, consulting with an employment law attorney in Louisiana - the state where this termination took place.

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