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Louisiana Employment Law Questions & Answers
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 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.

1 Answer | Asked in Employment Law for Louisiana on
Q: Does a Louisiana Corp (Employer) have to respond to employee seeking verification of past employment.
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Oct 26, 2017

No. Unless you signed a severance agreement or other contract with the company, and they agreed to provide you with a reference, there is no requirement that a former employer provide verification of past employment.

1 Answer | Asked in Employment Law for Louisiana on
Q: my employer makes me do odd jobs such as moving furniture at the vp's house. Is this legal?

I work in the I.T. department and I'm not sure if I should be willing doing these jobs.

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Oct 16, 2017

As long as you are getting paid for the time, it is legal. If it becomes a regular occurrence you should probably have a serious talk with your boss, but there's no law saying that you can't be asked to do work outside your job description.

1 Answer | Asked in Business Law and Employment Law for Louisiana on
Q: I had to sign an agreement not to discuss my salary with other employees. Was that legal?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Oct 6, 2017

This is not legal. The National Labor Relations Act (NLRA) states that employees have the right to gather together to discuss the terms and conditions of employment - this includes discussing their wages and salaries. For more information, read my blog post here.... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: If someone works in a retail gas station & works 56 hrs a week & doesn't get paid overtime. Is that illegal?

What does that person have to do to get the money of overtime? How does that someone report the business?

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Sep 11, 2017

In most cases, yes, unless the individual is a genuine supervisory employee who is paid at least $455 a week, guaranteed, and has a primary duty of supervising others rather than performing manual work. You should speak to a local employment attorney about your options.

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Louisiana on
Q: can my police chief fire me for turning him in for theft?

i'm a lieutenant in a small police department in south Louisiana. i exposed my police chief of theft and maleficence, he was arrested and also admitted to the theft. he is awaiting his trial but remains police chief until then. at this time, he has taken my police cruiser and has blocked me... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2017

You have rights, relating to wrongful discharge. Contact me, for a referral, if it occurs. He will be gone soon, and may retaliate.

William Head

404-567-5515

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana on
Q: If I am scratched by someone, can they give staph infection. And who is at fault for giving infection if affects my work

A client was on monthly cycle scratched herself when I went to clean she sunk her nails in my skin now I suffer from MRSA. I never had problems before she started scratching now I get infections in my eyes, neck, nose, a culture was done came back as MRSA. I am in medical field and I have missed a... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 8, 2017

Contact an attorney who handles workers compensation. Its possible this could also be what is called an occupational disease claim. You may have short term disability at work and want to check that out.

1 Answer | Asked in Contracts, Employment Law and Military Law for Louisiana on
Q: I'm going to be joining the army and my husband has been convicted of a felony will he be able to be on base with me?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Jul 27, 2017

Yes, however if it deals with a sexual offense or abuse of children - they may not allow him. It's generally in the garrison commander's discretion.

1 Answer | Asked in Employment Law for Louisiana on
Q: If my previous employer says that they mailed my final check and I don't receive it, who is responsible for the check?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Jun 23, 2017

If they sent to the wrong address, it is on them (unless you failed to update them of the correct address). If they mailed it to the correct address and it was just misdelivered, neither is responsible. Either way they should void that check and send you a new one.

1 Answer | Asked in Employment Law for Louisiana on
Q: Is a Payroll Clerk job covered under a Human and Social Services Degree?

A Payroll Clerk that processes Medical Certifications, Sick Leave, Garnishments, Child Support, Payroll Submissions and Unemployment; would their duties be covered under a Human and Social Services Degree? Aren't these duties considered Human Services?

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 23, 2017

It is entirely up to the employer to decide whether a certain degree qualifies you for a job. Except for a few highly specialized exceptions (doctor, lawyer, veterinarian), there are no laws requiring a specific kind of college degree for a position.

1 Answer | Asked in Employment Law for Louisiana on
Q: Can I sue my employer for not paying me while on their time?

I work from 6am to 4:30pm. My employer makes me ride a bus to and from work, which takes approximately 30 minutes going and approximately an hour or two from because of traffic. The bus times in the morning start at 4:30, and the last bus leaves at 5:20. I only get paid for ten hours a day and not... View More

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 20, 2017

As a general rule, no. The Portal to Portal Act of 1947 states that travel time prior to the start of the day's work is not paid time. However, there are exceptions - for instance, if you perform any work while on the buses, or perform any work *before* you get on the bus in the morning,... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: If an employee is fired is he entitled to accuired unpaid vacation time? If so when must be paid?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 19, 2017

Yes, any accrued and unused vacation must be paid out. This is the law, even if the employee handbook says otherwise.

The final paycheck should include the vacation pay. It must be paid out by either the next regular payday, or 15 days after termination - whichever comes first.

1 Answer | Asked in Employment Law for Louisiana on
Q: I am a social service director at a nursing home. I am harassed multiple times a day from residents wanting money.

Do I have any rights against this type of harassment?

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

You mean rights against your "customers?" No. Your employer could do a better job of dealing with it but as you are director why not take steps to make sure they know. The ones who aren't going to get it wouldn't get it regardless, and that's part of your job.

1 Answer | Asked in Employment Law for Louisiana on
Q: I had three unexcused absences from work and my company considers it a resignation. Am i still eligible to get my pto?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 11, 2017

Yes. Louisiana law requires employers to pay out unused vacation at the end of employment. It does not matter whether the employee quits or is terminated - the vacation must be paid.

1 Answer | Asked in Education Law, Employment Law and Libel & Slander for Louisiana on
Q: I am a teacher and was suspended for a facebook post that was unrelated to school.

This post was about a situation that occurred at 5:30 (after school hours) at my niece's dance gym. It had absolutely nothing to do with school. My principal thought it was about her and went to the school board after I told her it wasn't about her and requested a hearing and suspension... View More

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Apr 10, 2017

This question depends on many factors, including whether you are a member of a union and what the school board policies are in your parish (I am assuming you are a public school teacher). You should contact a local employment lawyer quickly to act to preserve your job.

1 Answer | Asked in Employment Law for Louisiana on
Q: Can a company change its vacation policy less than two months before your expected vacation hour increase?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 28, 2017

Yes. A company is free to change its vacation policy moving forward at any time - they can even cancel it entirely. However, they may not retroactively change the policy to take away vacation that has already been accrued and earned. Vacation that has already been accrued is considered the same... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: My employer who normally direct deposits my check says its their policy to mail out finally checks . Can they do that?

Payday was feb 15, and I'm now waiting for the check to be mailed to the district manager, and he's supposed to contact me to pick it up. Is this legal?

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 28, 2017

Yes, they may either mail it directly to you or arrange to let you pick it up at your normal place of work. However, they must send the check with all wages due and owing by either 15 days after your last day of work, or the first payday after your last day of work. If you still have not received... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: is the 15 day deadline also in place for any previous checks that i did not cash but have asked to be re issued?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 28, 2017

I don't completely understand what you mean by 15 day deadline. If you are asking about an employer's duty to pay a paycheck on time, all the employer is required to do is deliver or mail the check to you. Your failure to cash it on time is not the employer's fault.

1 Answer | Asked in Employment Law and Employment Discrimination for Louisiana on
Q: Can a person be discriminated against during a job search for a two year old arrest with no charges?
Charles Joseph Stiegler
Charles Joseph Stiegler
answered on Mar 28, 2017

Yes - a privately owned company in Louisiana may legally refuse to hire someone because of prior arrests, even if no charges were filed. Some states have "ban the box" laws limiting employees from considering applicants' criminal history and prior arrests. Louisiana is not one of... View More

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