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Louisiana Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Probate for Louisiana on
Q: my mother passed away in 2017 she had a lawsuit against BP due to the oilspill how do i find it

how do i obtain her lawsuit

Mr. James Zitzmann
Mr. James Zitzmann answered on Oct 11, 2020

You should have the executor of her estate contact the law firm that was handling the case for her.

1 Answer | Asked in Employment Law for Louisiana on
Q: How long does the State of Louisiana have to recoup overpayment of wages from a former state employee?

employees? Worked for the State of Louisiana from 2003-2006. I just received a letter from a debt collection agency saying I owed the state money for overpayment of wages. Is there some sort of statute of limitations for the recouping of these overpaid wages?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 7, 2020

Most Florida lawyers cannot answer this question because the law is (probably) different in Louisiana; re-ask this question and aim it at Louisiana lawyers.

1 Answer | Asked in Employment Law for Louisiana on
Q: I am being charged for a DISA mandated rehab drug test thru my employer as a condition of employment.

I live in Louisiana, and have referred my employer to statute RS23:897, which states that an employer must pay for any drug testing, period, as a condition of employment. Can you please provide me with a clear interpretation of this statute?

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

I think you're right, both in interpretation of the statute and in practice. It is my experience that an employer pays for drug testing when necessary as a condition of employment.

I write this to say your issue is worth discussion with an attorney who could fully develop the...
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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... Read 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 Employment Law and Education Law for Louisiana on
Q: Are teachers mandated to submit lesson plans while out on sick leave?
J. Heath Dillon
J. Heath Dillon answered on Oct 4, 2020

A public school system administration (principal / assistant principal, etc) generally is not violating any law by requiring a teacher to submit lesson plans for days the teacher is out on sick leave.

If the teacher feels that this requirement is not being applied consistently and that...
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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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.

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... Read 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... Read more »

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.

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