Can I sue for wrongful termination in Louisiana?
1. At-Will Default
Louisiana codifies at-will employment in La. Civ. Code art. 2747 and consistently refuses to create a common-law public-policy tort. Quebedeaux v. Dow Chemical Co., 820 So.2d 542 (La. 2002).
2. Public Policy Exception
No general judicially recognized public-policy exception (Gilbert v. Tulane University, 909 So.2d 1273 (La. App. 4 Cir. 2005)). The legislature has created narrow statutory exceptions.
3. Implied Contract
Largely rejected; the at-will default in art. 2747 is strong, and handbooks rarely modify it absent specific term language.
4. Implied Covenant of Good Faith
Not recognized for at-will employment.
5. Statutory Discrimination Claims
Louisiana Employment Discrimination Law (LEDL), La. R.S. 23:301 et seq., covers race, color, religion, sex, national origin, age (40+), disability, pregnancy, sickle cell trait, genetic information. Louisiana Commission on Human Rights enforces. Statute requires written notice to employer 30 days before suit (La. R.S. 23:303(C)). 1-year filing window. Title VII via EEOC within 300 days.
6. Retaliation Statutes
La. R.S. 23:1361 — workers' comp retaliation (1-year cap on back-pay damages). La. R.S. 23:967 — Louisiana Whistleblower Statute (covers reporting actual violations of state law). La. R.S. 30:2027 — Environmental Whistleblower Statute. La. R.S. 23:303(A) — LEDL retaliation.
7. WARN Act
No Louisiana mini-WARN. Federal WARN applies.
8. Damages
§ 23:1361 (WC retaliation): up to 1 year of back wages, attorney's fees. § 23:967 (whistleblower): back pay, reinstatement, attorney's fees, costs. LEDL: back pay, compensatory, attorney's fees (Title VII damage caps mirror).
9. Statute of Limitations
LEDL: 1 year (La. Civ. Code art. 3492; prescriptive period suspended during EEOC charge up to 6 months); § 23:1361: 1 year; § 23:967: 1 year; written contract: 10 years (la. Civ. Code art. 3499); Title VII EEOC: 300 days.
This is legal information, not legal advice.
- You reported an actual violation of Louisiana law and were fired (§ 23:967)
- You filed a workers' compensation claim and were terminated within months (§ 23:1361)
- You experienced discrimination under LEDL — note the 30-day pre-suit notice requirement
- La. Civ. Code art. 2747 (at-will)
- La. R.S. 23:301 (LEDL)
- La. R.S. 23:1361 (WC retaliation)
- La. R.S. 23:967 (Whistleblower Statute)
- Quebedeaux v. Dow Chemical, 820 So.2d 542 (La. 2002)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.