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Louisiana Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Louisiana on
Q: What can I do about hostile work environment?

Hello I have a situation with my employer. On Friday September the 4th 2020 i was working with two of my coworkers and my supervisor. They were talking with each other and my supervisor told them that the white man needs to be killed. After I overheard this I was so upset I had to leave work and I... View More

J. Heath Dillon
J. Heath Dillon
answered on Oct 4, 2020

The supervisor's statement is evidence of a bias against white males. This, by itself, though, doesn't give grounds for an employee to quite reporting to work. You are at risk of being terminated for failing to report to work.

Go to work. Express your concerns with...
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1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Identity Theft for Louisiana on
Q: Is it legal to register someone else for a race and run with his bib number to make it appear he was there?

My husband’s co-worker has made numerous bizarre untrue allegations about my husband to disrupt our marriage. We found out she registered him for a race, picked up his packet and her packet and ran with both to make it look as if they ran the race together. My husband was working in a project... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 15, 2020

It is not illegal but does sound like a fatal attraction.

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Civil Litigation for Louisiana on
Q: Can I sue employer for attack by co worker which lead to my termination after I reported prior incidents

I had a co worker try to choke me which lead to us wrestling. I was then told I’d be terminated based on a 0 violence policy so I asked if I could resign instead so this wouldn’t be on my employee record but I reported the coworker aggressive behavior 3x prior on 3 separate occasions and asked... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Nov 2, 2019

File a criminal complaint. Then call an employment attorney.

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Federal Crimes for Louisiana on
Q: I was a 1099 employee appointed with the company. ........

The upper lines put in surveillance cameras in the workplace. They claimed these cameras had no audio. But now, after leaving, I have determined they do have active audio. There are no signs or notices in the building about the audio surveillance. Is that legal?

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Sep 10, 2019

Thus is an employment law question.

1 Answer | Asked in Business Law, Contracts and Employment Law for Louisiana on
Q: Is a verbal contract legal between a general contractor and sub contractor.

Labor work was completed by myself (sub-contractor) between 60-70 days ago and general contractor has not paid me. General contractor says he doesn't have the funds to pay me.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 11, 2019

Yes.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Business Law for Louisiana on
Q: hello , what would be "proper cause" NOT to testify for one of the two partys in a case.
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Jun 12, 2019

If you received a subpoena, there is no proper cause not to appear. If you have not received a subpoena and don't want to testify, then don't go to court.

1 Answer | Asked in Employment Law and Criminal Law for Louisiana on
Q: Is my employer allowed to grab my shoulder and keep me from leaving after he fired me
Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 8, 2019

If you were kept against your will, call the Sheriff's office.

1 Answer | Asked in Criminal Law, Employment Law and Energy, Oil and Gas for Louisiana on
Q: Is indecent behavior with juveniles considered aggravated sexual abuse in the state of Louisiana?

The conviction only involves section A (1).

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Feb 2, 2019

More information needed.

1 Answer | Asked in Employment Law for Louisiana on
Q: I’m not getting paid (in La.) due to the govt shutdown, yet I’m being asked to do some work without pay. Is that legal?

I work in the state of La. for a large government contracting company. Due to the current government shutdown, a work stoppage has been issued and we’re not getting paid, yet we are being asked to do some work without pay. Is that legal, and are we entitled to compensation for every hour we work... View More

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Jan 14, 2019

Generally, it is not legal for a company to require you to work without pay. There are some unique aspects to this rule given the government shutdown; however, even the government is required to pay people on time, and the shutdown does not excuse them from lawsuits for unpaid wages. I would need... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: I have a co worker that is taking our company to court for not paying overtime and wonder if I'm able to jump in on it

Or do I have to file my own claim

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Jan 11, 2019

That depends. Some unpaid overtime lawsuits are filed as "collective actions," which means that other co-workers can ask the court to join the suit. Other lawsuits are filed just on behalf of one individual. I would need to know more about your co-worker's lawsuit to answer this question.

1 Answer | Asked in Employment Law and Workers' Compensation for Louisiana on
Q: Can my employer make me work when I have a doctors note stating off work/no work duty until seen by orthopedic?

This is a workers comp case in Louisiana and I don’t know what to do. I feel I should not work because the doctor orders state no work. I let the owner know and she told me I had to cover my shift tonight because she didn’t have anyone else too. I feel like she is trying to make me feel... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Sep 17, 2018

If you were injured at work and your treating physician takes you off of work due to the injury, your boss cannot force you to work and cannot fire you due to your refusal.

1 Answer | Asked in Employment Law for Louisiana on
Q: My boyfriend is a hotel front office manager. He makes $32000 salary before tax and bonuses. Is he entitled to overtime?

He works 5 9-hour shifts per week.

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on May 24, 2018

It is impossible to answer that question without more detailed information. Whether a manager is properly overtime exempts depends on several factors including: how much of his time he spends managing other employees, whether he has authority to hire or fire, the number of employees who he... View More

1 Answer | Asked in Employment Law and Personal Injury for Louisiana on
Q: An employee that I fired assaulted me along with her sister. The company hired her back. I don't feel safe, I can't work

When I fired her, she started assaulting me and her sister jumped in and beat me too. I pressed charges and they have a warrant out for both of the sisters, currently. The company recently hired her back not even a month after the incident, even though the is a warrant for her arrest for assault... View More

Douglas Lee Bryan
Douglas Lee Bryan
answered on Feb 28, 2018

First, I have to ask the obvious question: If there's a warrant outstanding for this person, have you notified the police that they can arrest her at your place of employment? If so, why hasn't she been arrested? Second, at the very least, you may have a worker's compensation... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: Is it legal for a employer to cut pay even though I sign a contract that states I get paid a certain amount salary ?

I signed a contract that states I get paid $60000. My employer told me that they have to cut my pay in order to higher a certified employee. I already signed the contract 2 months ago. I do not see in the contract where it states my pay can be cut.

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 1, 2018

This depends on the specific terms of your contract. It is impossible to give legal advice on a contract without reading it first, so you should contact a local employment attorney to discuss.

1 Answer | Asked in Employment Law for Louisiana on
Q: Is is legal to have a job candidate pay for their own drug screening and be reimbursed if hired in the state of LA
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 1, 2018

Generally no. The only exception is the costs may be withheld from the last paycheck if the employee quits within the first 90 days of work, and there is a prior written agreement to that effect.

0 Answers | Asked in Employment Law for Louisiana on
Q: Are commissions due once an employee is terminated?

I recently terminated an employee that was in sales. Our company policy was to pay commissions on the first of every month. Commissions were paid on a "Paid on Paid' bases. The employee was terminated prior invoices being paid. Do I owe these commissions.

1 Answer | Asked in Employment Law for Louisiana on
Q: Is it legal for my workplace to not pay me for training
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Jan 28, 2018

There is not enough information here to give a certain answer. In most cases, employers must pay employees for training time. There are a few narrow exceptions, but these are very fact specific. You should speak to a local employment lawyer to discuss your specific situation.

1 Answer | Asked in Employment Law and Energy, Oil and Gas for Louisiana on
Q: If I sign a employment agreement in which I'm to receive 30% of my annual salary as a bonus each year plus an addition %

if the company prospers. Can the company not pay me my bonus because they had to file for reconstruction of the company in court.

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Dec 6, 2017

Thanks for the question. It's not clear what you mean by "reconstruction in court," but if you are referring to a bankruptcy restructuring, the answer is that companies undergoing bankruptcy may have the right to rescind or reject contracts that were entered into before the... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Can my employer intimidate me into quitting because of health reasons, instead of letting me go on sick leave?
Natalie Blackman
Natalie Blackman
answered on Jan 25, 2018

No, an employer cannot intimidate you into quitting because of health reasons. Generally, you can take sick leave if you are eligible, and it is available. Eligibility and availability would depend on the sick leave policy of your employer.

1 Answer | Asked in Employment Law and Workers' Compensation for Louisiana on
Q: My employer lied about the cash he pays me to workman comp. This effects my weekly benefits what canI I do?

He pays me 40 hours on check the rest in cash with no overtime I'm making a 1/3 of what I used too instead of 2/3

Douglas Lee Bryan
Douglas Lee Bryan
answered on Oct 30, 2017

You would have to have proof of the extra payments to show worker's compensation. Of course, there's the possibility of your incriminating yourself, if you weren't paying taxes on the extra money you were receiving.

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