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Louisiana Employment Law Questions & Answers
0 Answers | Asked in Employment Law, Business Law and Civil Litigation for Louisiana on
Q: Can an employer be held liable for the misuse of a document for an employee when signed by the company notary?

An employee took a document pre-signed without any witnesses to the company notary and asked him to notarize it after the fact. The notary was a member of management and used two additional employees as witnesses to comply. This occurred on company property and while all three were on company time.... Read more »

0 Answers | Asked in Employment Law, Personal Injury, Workers' Compensation and Civil Litigation for Louisiana on
Q: Pro SE asking for instructions on filing 1102 for Workman's Compensation benefits denied owed to me for injury at work,

Telephone status conference set July 12th, 2022. Injured by coworker during employment 10/02/2022. Pro SE Litigant asking to prepare properly for judicial hearings 20-06003, 21-00834

0 Answers | Asked in Employment Law for Louisiana on
Q: In Louisiana, I’m required to be in a jury pool for 2 weeks, my employer has to pay me 1 day only? Not the whole time?

How am I suppose to be off work for 2 weeks with just one day paid? What if I’m selected for a trial? Do I keep not getting paid for that time too?

0 Answers | Asked in Employment Law for Louisiana on
Q: One of my new employees was acting suspiciously today. I asked him if he could pass a drug screen. Is this a mistake?

He was a no call/no show on his second day of employment. Then showed up today very wired and erratic. I suspected drug use. Does asking him if he’d pass the test open me up to legal action on his part?

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana on
Q: if get into a fight at work for defending myself. an i get injured doing the fight by falling and hitting my head.

is my workplace reliable for my injuries? Does my job have to compensate me for my doctor visits?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 19, 2022

If you were defending yourself, yes. If your job is giving you issues then you need to immediate consult with a workers' compensation attorney, or I recommend that you go ahead and do so---most in this area of practice will provide you a free consultation. Good luck.

1 Answer | Asked in Employment Law for Louisiana on
Q: can my employer enroll me in a 401k without my permission and take deduction out of my check
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 21, 2022

If it is a part of your employment agreement, then yes. You should check with your supervisor (or better yet, human resources) and ask your question to them.

1 Answer | Asked in Divorce, Employment Law and Family Law for Louisiana on
Q: An officer is cheating on his wife, during work hours as well. With proof are those grounds for termination?

Will that grant alimony for his wife?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 13, 2022

A private investigator's..report of adultery may result in alimony if wife 's income is low.

Cop cheating with another cop will not result in termination...but if done during work hours, might.

1 Answer | Asked in Employment Law for Louisiana on
Q: If u work for a company and u don't get paid how long does the company have until your able to sue
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Jan 31, 2022

Strictly speaking, there's no minimum time limit before suing, but it almost never makes sense to just file suit without taking certain steps first to ensure you've positioned yourself in the best possible manner. Jumping straight to filing a legal action is rarely the best or most... Read more »

1 Answer | Asked in Employment Law and Federal Crimes for Louisiana on
Q: Can a employee sue another employee and/or owner if said employee is drunk and has a knife, guns and alcohol on him?

Said employee has all these things on his person everyday on company property. He has also been seen by other employees. When brought to the owners attention, she said she knows about it. This is a paint and body shop. Said employee is an office person that also walks through the entire shop, works... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 6, 2022

What are your goals in this? I would recommend that you contact an attorney in your area and have a consult to specifically discuss this ----what's going on at work and what you seek from asserting a complaint/lawsuit---and then decide the best way to proceed. Good luck.

1 Answer | Asked in Employment Law for Louisiana on
Q: If a employer doesn’t pay bonus of vacation time upon termination. What will they have to pay after 90 days.

Or*

I made a demand this last Monday for my unpaid vacation time and Christmas bonus and received the last check but was not paid for vacation time or bonus.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 14, 2021

You should contact a wage or employment law attorney to discuss this matter. The penalties for failure can include an award of attorney's fees so you should hire an attorney to represent you on this----or at least consult with one to make sure you are aware of your rights and options. Of... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: I was approved for unpaid vacation days. I gave a 30+ day notice of the days I needed. Can my job take them back

I have emails stating that my time has been approved. Also I have already paid for my vacation

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 10, 2021

Without knowing the full story, I would ask you if this is the type of employer you would want? If not, then continue working at your current job while seeking other employment with better work conditions.

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Can an employer decline a resignation letter because you gave them a 2 weeks notice and you gave your last job a 30 day?

Hello,

I need to seek advice regarding an decline of my resignation letter to a company. I work for an Autism company as a Board certified Behavior Analyst. I respectfully put in my 2 week notice as stated in the company handbook. The company declined my resignation letter and stated oh... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 31, 2021

At-will employment states do not require you to provide any notice before resigning your employment. Your employer cannot force you to continue working after your two-week notice period has expired. in addition, assuming you can transition your workload to other individuals over the next two weeks,... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: If my work requires a vax is there a way to avoid it?
Stephen Arnold Black
Stephen Arnold Black
answered on Jul 28, 2021

Religious grounds would be the best way to get excused.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Louisiana on
Q: what is needed to terminate an employee from a parish government position?

employee has exceeded the 3 month probation timeframe and is still unable to perform the job. Removal from the job position is appropriate but how is it done correctly?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 2, 2021

If this is a parish government position which is considered classified, then the employee might be entitled to some protection per the rules for classified employees----contact the parish government's human resources department and see if it will provide you the rules for classified employees.... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: My employers payroll website specifically states that I have 40 hours of “Available Vacation Time”.

Can they refuse a payout of that “Available Vacation Time” after termination stating that it is awarded in good faith and that my length employment was long enough?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 24, 2021

Depends on whether the website is accurate and in accordance with the employer's rules regarding vacation. If you are entitled to unused vacation pay after termination and your employer does not compensate you timely, then the employer is possibly subject to paying your penalties as well as... Read more »

3 Answers | Asked in Employment Law, Libel & Slander, Personal Injury and Traffic Tickets for Louisiana on
Q: My former employer accused me of stealing 1000.00 dollars. I did not do this and can prove it.

My former employer accused me of stealing a thousand dollars. I did not do this. I was asked by him if I would take a polygraph and I said yes. I waited to hear from him and did not. 3 months later I am riding with my boyfriend and he gets pulled over and he was told that they was looking for me to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jun 23, 2021

You should speak with an attorney to discuss your rights regarding the unpaid wages. There are specific laws that regulate the time within which an employer must pay you. After the alleged theft issue was resolved, he may not be able to claim that as a defense. At the very least, you should... Read more »

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1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Employment Discrimination for Louisiana on
Q: Say you worked as a ASM in retail and your boss has placed her finger in your face in front of other managers and racist

She only hollers at the black men in front of customers and has a problem keeping her fingers to her side at black men and she always calls us aggressive when she is always the aggressor and corporate knew about it and

She admitted that to the DM

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on May 6, 2021

Consult with an attorney for an EEOC complaint.

1 Answer | Asked in Employment Law for Louisiana on
Q: Are employers required to pay their hourly employees for days missed due to jury duty?
Rhiannon Herbert
Rhiannon Herbert
answered on Apr 28, 2021

No. Under the Fair Labor Standards Act, employers are only required to pay their employees for the hours they work, and there is no obligation to offer paid time off for any reason. However, your employer may not discriminate or retaliate against you for taking time off work to serve on a jury.

1 Answer | Asked in Employment Law and Traffic Tickets for Louisiana on
Q: Employee ran red light in company vehicle; photo enforced ticket issued to company. Can company make employee pay ticket
Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 12, 2021

It depends on the employers policies and procedures, and hopefully, it is contained within a written policy and procedure manual. Of course, the employee should have the right to dispute this with his employer and with the court should the employee desire to do so.

1 Answer | Asked in Employment Law and Civil Rights for Louisiana on
Q: Is it legal for my employer to backdate and ADA accommodation

I asked my employer through their third-party administrator for an ADA accommodation once I go back to work they ignored 5x I called him out on it so they are pretending as if I asked for leave of absence as an accommodation and Backdated it as if it was approved the whole time is this illegal

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Hi, more information is needed here. This does not sound illegal, but rather, beneficial to you. If they are allowing you to have time off as an accommodation, it should not count against you for any absence related discipline. If you are having trouble with a request for accommodation outside of a... Read more »

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