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What is wrongful termination in Louisiana?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

Louisiana follows a strict at-will doctrine rooted in the Civil Code, with limited statutory exceptions.

1. At-Will Default — La. Civ. Code art. 2747

"A man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing." Louisiana Civil Code reflects the at-will rule.

2. No Public Policy Tort

Quebedeaux v. Dow Chemical Co., 820 So. 2d 542 (La. 2002), reaffirmed that Louisiana does not recognize a general common-law wrongful discharge tort. Plaintiffs must rely on statutes.

3. Louisiana Employment Discrimination Law — La. R.S. § 23:301

Prohibits discrimination based on race, color, religion, sex, national origin, age (40+), pregnancy/childbirth, sickle cell trait, or genetic information. Applies to employers with 20+ employees generally; smaller for certain protections. 1-year SOL (extended from 180 days in 2014). Damages: back pay, reinstatement, compensatory damages, attorney's fees.

4. Louisiana Whistleblower Statute — La. R.S. § 23:967

Prohibits retaliation against an employee who:

  • Discloses or threatens to disclose a workplace act or practice that is in violation of state law;
  • Provides information to or testifies in connection with an investigation;
  • Objects to or refuses to participate in an unlawful employment practice.

    • The employee must show an actual violation of law occurred — a good faith belief is not enough under Louisiana case law (a stricter standard than many states). Damages: compensatory damages, attorney's fees, court costs. 1-year SOL.

    5. Workers' Comp Retaliation — La. R.S. § 23:1361

    Prohibits termination for filing comp claim. Damages: 1 year of wages plus attorney's fees.

    6. Public Employee Whistleblower — La. R.S. § 42:1169

    Protects public employees.

    7. Domestic Abuse Leave — La. R.S. § 23:341

    Prohibits termination for taking leave related to domestic abuse.

    8. WARN Act

    Federal WARN applies; no state WARN.

    9. Statute of Limitations

  • Workers' comp retaliation: 1 year.
  • LEDL: 1 year.
  • Whistleblower (§ 23:967): 1 year.
  • Liberative prescription generally: 1 year for delictual actions (Civ. Code art. 3492).

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your whistleblower claim depends on proving an actual statutory violation (good faith belief is insufficient)
    • You face Louisiana's tight 1-year prescription periods
    • Your termination may not fit any statutory exception
    Related Statutes & Laws
    • La. Civ. Code art. 2747
    • La. R.S. § 23:301
    • La. R.S. § 23:967
    • La. R.S. § 23:1361
    • La. R.S. § 42:1169

    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.