Being fired from a job can be a devastating loss no matter what one's position was, but wrongful termination laws in Louisiana exist to prevent unjust or illegal termination. Here's how to tell if one is the victim of wrongful termination in Louisiana.
Termination in Violation of a Union Collective Bargaining Agreement
During collective bargaining, unions can negotiate for better treatment, wages, or other improvements during their job. When a person is fired in violation of a collective bargaining agreement, it may be a sign of wrongful termination. Working with a qualified wrongful termination attorney may result in compensation or even the reinstatement of an employee's position.
Termination in Violation of a Written Contract
Written employee contracts can hold a company accountable for their standards and practices, and employees should be familiar with these contracts at all times. When a person is fired under grounds that contradict the company's written employment contract, it is a telltale sign of wrongful termination.
Federal law makes it illegal for employers to fire employees based on some protected characteristics, including one's religion, sex, age, nation of origin, race, disability, and pregnancy status. That said, only employers who employ over 15 to 25 people must adhere to this law, depending on the characteristic in question. If one feels they have been unjustly fired due to one of these characteristics, they may file a complaint with the Louisiana Commission on Human Rights and the Equal Employment Opportunity Commission.
Termination in Bad Faith or as a Result of Malice
Although not the case in every state, Louisiana recognizes the "implied covenant of good faith and fair dealing." This is a legal resource that affords employees a fair amount of protection against malicious or "bad faith" terminations. This includes firing employees right before their retirement benefits come in, or firing a salesperson just before they were to receive a sizeable commission check. These actions may serve as substantial evidence of wrongful termination in court.
To receive the proper compensation or reinstatement of position, it's important to address wrongful termination in court soon after it occurs. For more information about compiling a legal response to wrongful termination, read more about our services online or contact Smith Shanklin Sosa today for a free consultation by calling 225-223-6333.