Unlawful termination in Louisiana occurs when an employer fires an employee for an illegal reason. Being wrongfully terminated means an employee was let go unlawfully and the action is punishable by federal or state law.
- Types of Illegal Termination in Louisiana
- Types of Legal Termination in Louisiana
- At-Will Employment Exceptions In Louisiana
- Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Louisiana
- Filing a Lawsuit Against Your Employer in Louisiana
Employees should know what is wrongful termination in Louisiana, so they are aware of their rights and can properly file a legal case against their former employer. Workers wrongfully fired from jobs can seek justice for damages caused by a wrongful dismissal.
Being wrongfully fired can bring an employee emotional and financial distress. Employees wrongfully terminated from jobs can file a legal case against their former employer and possibly pursue a lawsuit for compensation.
Workers should review the following comprehensive sections on wrongful termination in Louisiana to find out what to do in the event of a wrongful dismissal.
Louisiana Unemployment Resources
Types of Illegal Termination in Louisiana
There are many types of illegal firings that courts consider termination without just cause. These types of unlawful terminations are illegal by either federal or state law and can motivate an employee to take legal action.
Discriminatory types of illegal terminations in Louisiana include firing an employee due to age, race, sex or disability. Federal law sets these types of illegal dismissal of employment and employers can face legal persecution if they fire an employee under these terms.
If an employee experiences one of these types of illegal termination of employment, he or she may want to take legal action and file a claim against their former employer. These types of unlawful terminations in Louisiana should be brought to court by the employee seeking legal justice.
Types of Legal Termination in Louisiana
Types of legal firing exist in Louisiana, and it is important that employees are aware of these methods upon employment. Legal reasons for terminating employees in Louisiana may be frustrating to employees, but they are not a valid reason to pursue a legal case or lawsuit.
Types of legal dismissal of employment include poor job performance, the end of an employment contract, company layoffs or the closing of the business. Employees should review the types of legal termination in Louisiana to be aware of their rights.
Any of the types of legal termination of employment are not grounds for employees to take legal action against their former employers.
At-Will Employment Exceptions In Louisiana
Employees wondering, “Is Louisiana an at-will state?” should know that the state permits at-will relationships. “What is employment at-will?” is a question that many Louisiana employees have. Apart from the exceptions to at-will employment, at-will employment involves a contract between an employer and employer that either party can terminate for legal reasons at any time. Exceptions to at-will employment can include:
- The public-policy exception that inhibits employers from firing for a reason that violates public policy, such as termination after filing a worker’s compensation claim.
- The implied-contract exception that prevents termination when an insinuated agreement between employees and employer exists, such as informing an employee they will receive a warning before termination.
- The covenant-of-good-faith exception, which covers unethical terminations such as firing an employee before they can retrieve retirement benefits.
- At-will employment exceptions in Louisiana do not exist and employees should make themselves familiar with the state’s at-will employment policy.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Louisiana
Employees can file a wrongful termination discrimination charge if they believe their dismissal is for an illegal reason. Filing a charge of discrimination in Louisiana is available through the Equal Employment Opportunity Commission (EEOC) or the Louisiana Commission on Human Rights (LCHR).
Employees wondering how to file a charge of employment discrimination can submit a charge in person at a local office, through mail or over the phone. Employees filing a charge of discrimination in Louisiana must file a charge at least 180 days after they faced the act of discrimination.
Workers who are wondering how to file an EEOC employment discrimination need to review the process after filing the charge. Employees who file a wrongful termination discrimination charge will have their former employer notified of the charge within 10 days by the EEOC.
Filing a charge of discrimination in Louisiana usually results in a mediation process between the employee and employer to come to an agreement regarding a settlement. If the employee and employer cannot come to a settlement agreement, the case goes under investigation. The employer must send a response to an employee’s charge called a “Respondent’s Position Statement” within 20 days.
Once an employee chooses to file a wrongful termination discrimination charge, the employer must comply with the investigation conducted by the EEOC. Employers who do not cooperate with the investigation can receive a subpoena. If the EEOC cannot determine if the employer violated a law, they will issue the employee a Notice of Right to Sue, which allows the employee to file a lawsuit against the employer for legal compensation.
Filing a Lawsuit Against Your Employer In Louisiana
Can I file a lawsuit for wrongful termination? Employees cannot file a lawsuit against their employer in Louisiana without first filing a legal claim through the EEOC and then receiving a Notice of Right to Sue. Suing for wrongful termination in Louisiana can become a lengthy legal process, and employees can benefit from the expertise of an experienced attorney.
Employees who file a lawsuit against employers for wrongful termination can benefit from the legal advice of a lawyer to have a better chance of winning their case and receiving compensation. A legal representative can help you know how to file a wrongful termination lawsuit with the best chances for success.
When filing a wrongful termination claim against employers, employees need to gather many different types of documents and evidence to win a lawsuit against an employer. This includes past pay stubs, hiring/firing paperwork and witness accounts within the workplace.
Last Updated: October 18, 2022