In a previous post, this blog has explained that most Louisiana employees are at will employees. As that post explained, as an at-will employee, Louisiana employers can fire a person for almost any reason, at any time. This leaves employees with limited protections when it comes to termination. However, employees do have protections against wrongful terminations. Wrongful terminations occur when employers use illegal reason to terminate someone from the person's job.
There are several common scenarios that amount to a wrongful termination. If an employee has been fired as a result of any of these situations, then the employee may have legal rights, including the right to compensation. By requesting their personal file, inquiring about their termination and contacting an attorney, people may get a clearer picture if they have suffered from a wrongful termination.
One of the most common types of a wrongful termination is one based on discrimination. It is illegal for employers to fire a person in violation of anti-discrimination laws at the state or federal level. This can include firing someone because of that person's race, religion, national origin, gender or age.
It is also illegal to fire someone in retaliation for whistleblowing or otherwise complaining about the employer's conduct. If an employee reports illegal activity, unsafe working conditions or other violations, an employer cannot fire the employee in retaliation.
A wrongful termination can also occur if a person is fired in connection with ongoing sexual harassment, if the person is fired in violation of an employment contract or in violation of a collective bargaining agreement. These situations may depend on the specific facts in each case including any written agreements between the parties.
Source: Findlaw.com, "Wrongful Termination Claims," accessed Dec. 22, 2014