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Louisiana Employment Law Questions & Answers
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 »

1 Answer | Asked in Civil Rights and Employment Law for Louisiana on
Q: What types of proof would I need to prove retaliation and violation of civil rights for requesting an ADA accommodation

What types of proof would I need to have for a lawyer to say hands down I’m taking this case because this client has irrefutable evidence !

Kyle Anderson
Kyle Anderson answered on Mar 10, 2021

Hello, more information is needed here. What is the specific accommodation you are requesting? It depends on that and the response the employer provides. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law and Civil Rights for Louisiana on
Q: My employer has ignored ADA request 5 times and ended my health benefits I have proof .What is my recourse ?

My company called recently and asked me about my return and still pretending they never received my request.What can I do as far as my civil rights? What can I do as far as discrimination ?

Carrie Dyer
Carrie Dyer answered on Mar 10, 2021

An employer cannot ignore an an ADA request for an accommodation. When an employee requests an accommodation, the ADA requires an employer to engage in good faith in an interactive process to determine if there is an accommodation that would allow the employee to perform the essential functions... Read more »

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... Read more »

Kyle Anderson
Kyle Anderson answered on Dec 9, 2020

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... Read more »

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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 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... Read 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... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: i was let go from my job and i am owed 3 days but my ex employ will not pay me what can i do to get the money i am owed
Kyle Anderson
Kyle Anderson answered on Dec 3, 2020

More information is needed here to evaluate your claim. How long has passed since you were supposed to get paid? Some states have laws requiring a certain amount of time to pass before you can bring suit to recover wages. Otherwise, it sounds like a violation of federal minimum wage law. I would... Read more »

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...
Read more »

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...
Read more »

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