Employment litigation IT'S ALL ABOUT THE RIGHT CHOICE

LaPlace Employment Attorneys

Championing the Rights of LaPlace Employees at All Levels

Every employee in Louisiana deserves to be treated fairly. Federal and state laws govern how employers must treat their workers and forbid many types of misconduct, including sexual harassment, discrimination, and wrongful termination. Unfortunately, some employers will shirk their obligations and go to great lengths to hide and justify unlawful behavior.

When you think your rights have been violated, turn to Potts Law Firm. Our LaPlace employment lawyers are committed to helping employers of all levels, from frontline workers to high-level executives, fight injustice and pursue all available legal options. It’s all about our power, and with over 250 years of combined experience and more than $1 billion recovered for our clients, we are confident we have what it takes to successfully advocate for you. You will work closely with our compassionate legal professionals from start to finish, and we will do everything we can to deliver the best possible outcome, which may include compensation for losses, reinstatement, and other remedies.

We handle employment disputes on a contingency basis, so you will owe us nothing unless we prevail. Call (985) 236-0573 or contact us online to schedule a complimentary consultation. Our firm offers same-day appointments and provides services in English and Spanish.

What Is Considered Employment Discrimination in Louisiana?

Any employment decision that is made because of an employee’s characteristic that is defined as “protected” under the law constitutes employment discrimination. Two of the most crucial federal anti-discrimination laws, Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, apply to all private employers with at least 15 employees. The Age Discrimination in Employment Act, which forbids discrimination on the basis of age when the employee (or prospective employee) is 40 years old or older, applies to private employers with at least 20 employees. The Equal Pay Act prohibits sex-based wage discrimination and applies to all private employers.

Louisiana’s main anti-discrimination law covers private employers with at least 20 employers and forbids discrimination because of an employee’s:

  • Race
  • Color
  • Religion
  • Age
  • Sex
  • Disability
  • Sickle Cell Trait

In other words, if your employer has fewer than 15 employees, they may not be covered by all major anti-discrimination laws. Additionally, Louisiana’s anti-discrimination law only applies in cases involving pregnancy, childbirth, and related medical conditions when an employer has at least 20 employees.

How Do I Know If I Have Been Wrongfully Terminated in Louisiana?

Louisiana is an “at will” employment state, meaning your boss can in many circumstances choose to terminate you without cause. While it may feel unfair, that means they could theoretically fire you for almost any reason. State and federal law do afford you some protections, however, by prohibiting terminations on retaliatory or discriminatory grounds.

What does this mean in practice? Your boss cannot fire or lay you off because of your protected characteristic or because you engaged in a protected activity. You participate in a protected activity whenever you exercise your rights as an employee.

Examples of protected activities include:

  • Asking for a reasonable accommodation for your religious beliefs or disability
  • Requesting or taking protected leave under the Family and Medical Leave Act
  • Reporting any type of illegal activity, including discriminatory behavior
  • Participating in an internal or external investigation into potentially illegal activity
  • Discussing your wages and working conditions with other employees
  • Refusing to do something unlawful

It is often not easy to prove your boss acted with discriminatory or retaliatory intentions. Our LaPlace employment attorneys can help determine if you were fired for an illegal reason. If you were wrongfully terminated, we can help you explore and pursue all available legal options. A successful claim can allow you to secure various damages and other remedies, including reinstatement to your position.

What Is Considered Sexual Harassment in a Louisiana Workplace?

We are all familiar with sexual harassment as a concept and may have unfortunately encountered it at some point in our lives, but how is it defined under the law? Sexual harassment falls under anti-discrimination laws, as it is considered a type of sex-based discrimination. This means all private employers in Louisiana with at least 15 employees are beholden to federal law and have a legal obligation to prevent and resolve instances of sexual harassment in the workplace.

It is important to recognize that anyone can be a victim – or a perpetrator – of sexual assault, no matter their sex, sexual orientation, or gender identity. The perpetrator’s role in an organization also does not matter. Though a supervisor or manager can perpetrate sexual harassment, anyone you interact with in your workplace – including independent contractors, clients, and other non-employees – can commit it.

There are two main forms of illegal sexual harassment you may encounter in your workplace:

  • Hostile work environments. You are likely experiencing a hostile work environment if unwanted touching, advances, comments, jokes, or other types of inappropriate and unwelcome sexual behavior are interfering with your ability to do your job. Again, anyone can contribute to a hostile work environment, but what matters is whether your employer does enough to meaningfully resolve the situation once they become aware of it. If your employer does not take adequate steps to address the situation and end the sexual harassment after you report it or they learn about it, you may have a case.
  • Quid pro quos. You may be subject to a proposed quid pro quo if someone offers you a work-related advantage (such as a promotion or better hours) if you provide a sexual favor. These types of arrangements are always inappropriate, no matter who offers them. A quid pro quo can also become an implicit threat if someone in a position of power threatens to retaliate against you if you do not provide a sexual favor.

Potts Law Firm is ready to help you enforce your rights. Call (985) 236-0573 or contact us online today.

It's All About Your Recovery

Hear From Our Past Client's
  • I had a wonderful experience with this law firm.

    “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

    - Stephen P.
  • I wouldn’t hesitate to recommend him or any of the team at Potts.

    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

    - Theo C.
  • The Potts Law Firm is a powerhouse of brilliant attorneys.

    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

    - Molly H.
  • I highly recommend Adam and Potts Law Firm

    “From the first meeting, Adam made me feel like he had my best interest at heart and took care of everything.  I can't say enough good things about how helpful, professional, and caring Adam was to me.”

    - Mary H.
  • I would recommend Potts Law Firm for any and all legal matters that come my way in the future!

    “The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.”

    - W. Gary

it's all about your best possible result

Explore our past successes
  • ERISA Class Action Settlement $36 Million

    T. “Micah” Dortch served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.

When Am I Owed Overtime Pay in Louisiana?

Louisiana does not have a state-level overtime pay law, but that does not mean you are not entitled to overtime in certain situations. The grand majority of employers in Louisiana are covered by the federal Fair Labor Standards Act (FLSA).

Under the FLSA, you must be paid one and a half times your regular rate of pay for all hours worked in excess of 40 hours in a single workweek if you are a non-exempt employee. Independent contractors are not covered by the FLSA and are thus not entitled to overtime. Some employers misclassify workers who function as employees as independent contractors in an effort to avoid paying overtime. Others incorrectly claim non-exempt employees are “exempt.” Both of these practices are illegal and warrant a wage claim if you were denied overtime on these grounds.

Never assume your boss is looking out for you when discussing your wages and what you are entitled to under the law. If you believe your employer is not fairly paying you for all hours worked, our LaPlace employment lawyers can advocate for you throughout the legal process and fight to get you what you are owed.

IT'S ALL ABOUT YOUR SUCCESS

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