by: Southeast Louisiana Legal Services (New Orleans office)
Q.
I'm afraid I'm about to lose my job. Can I do anything to keep my job?
A.
"At-will" employment.
Losing your job is bad news, and is often unfair. But in Louisiana, as in most states, a job is usually "at-will." "At-will" means that your employer can fire you for any reason or even for no reason at all, unless the reason is illegal. You can also leave anytime you want. But if you have an employment contract, or you are a union or government worker, your job is probably not "at-will." In that case, you probably have some extra protection against losing your job. But no matter what kind of job you have, if your boss is determined to fire you it is usually hard to stop it.
Ways to try to keep your job, or keep it a little longer.
Look at your job's policies or personnel handbook. Talk to the company's human resources officer, or personnel manager, if there is one. Your employer may have internal grievance procedures that may help you.
Try to get time to improve, if your employer wants to fire you for poor performance or a mistake.
Talk to your union representative, if you have one.
Talk to a lawyer if you think your employer is breaking the law in wanting to fire you (for example, illegal discrimination because of race, sex, religion, age, national origin, disability, pregnancy or because you reported your employer for violating a law). A lawyer may be able to help you keep your job, or work out a deal that gives you time and money in exchange for leaving on your own.
You might also try to work out a deal yourself if you can't get a lawyer to help. You might be able to get a positive reference, or severance pay, or extra time. But be very careful of giving up your rights. Try to speak with a lawyer before signing any papers you do not understand.
Q.
I've been fired. Are there any special things I should do as I leave?
A.
Whether you are fired, laid off, or resign, there are some things you should do on your way out of a job:
Act professionally. Don't burn your bridges or give your boss new reasons to justify your termination. Bad behavior after being fired can hurt your chances later in getting your job back, or getting unemployment compensation. Very bad behavior on the part of your employer when they fire you might give you a claim against them, however.
Ask about any rights to continue fringe benefits, like health insurance or company pensions.
Negotiate any severance pay or other benefits that you can.
Be careful about signing any paper that gives up any of your rights against your employer. Try to speak with a lawyer before signing anything.
Try to get letters of reference, or ask people willing to speak well of you on the job if you can use them as a reference. This may help you get a new job. Even if your supervisor doesn't like you, having other contacts can sometimes help.
If you think you have a claim against your employer for wrongful termination (which can include a forced resignation), keep information or documents that will help you prove your case in an appeal or lawsuit, like names of witnesses, good performance evaluations, letters saying good things about you, or samples of your work. But do not take anything that is confidential or the company's property! That might be illegal or give the company another reason to justify your termination.
File any internal appeals or grievances that you have a right to. If you are a government worker, this could get your job back. If you are a protected civil service worker, you may get your job back after going through a hearing. This could take many months, or even years, though.
Q.
I was fired unfairly. Losing my job meant I lost my car and had to move in with relatives. I'm depressed all the time. Can't I sue my employer for my job back, or get money for my bills, and my mental distress?
A.
It would be very unusual for an employer to pay you, or give you a job back, unless you filed a lawsuit and won. As we said above, most jobs in Louisiana will be "at-will" and you may not have any basis for a winning lawsuit. Whether or not you have a legal claim, it can be hard to accept the unfairness of what happened. These are some things you can do to resolve your mind and try to move on:
Talk with as many lawyers as you can, and with the EEOC or other government agency that might be able to help, to find out if you have a claim. If you do, act quickly to protect your rights.
Try to find another job as soon as you can.
Apply for any government benefits (Medicaid, food stamps, unemployment insurance, etc.) that might help you in the meantime. There's lots of information about these benefits on this website.
Make sure you get any job separation benefits (continuing health insurance, pension) you are entitled to from your former job.
Get counseling if you need it (many cities or parishes have free mental health clinics that might help you).
Q.
I don't know if my job termination was illegal or not. What should I do?
A.
If you think your employer fired you for an illegal reason, talk with a lawyer immediately. Different time limits apply to different employment laws. The quicker you act, the better. Most lawyers will give you a free consultation, to see if you have a case.
There are many laws that might protect you, or give you a claim against your employer for terminating your job. These laws may be city, state or federal laws. Some of them give you a claim not just for losing your job, but for not being hired, for not getting a promotion, or for other job actions. There are so many laws that we can't list them all here. Check out the website of the Equal Employment Opportunity Commission; the EEOC has good information about job discrimination laws here: www.eeoc.gov/facts/qanda.html.
But these kinds of reasons are usually illegal:
Discrimination because of race, sex, age, pregnancy, disability, religion, national origin or immigration status. Some states have laws that protect people because of sexual orientation, but Louisiana does not. Some cities might have this kind of law (for example, New Orleans).
Retaliation because you reported a legal violation, participated in an investigation of a legal (for example, environmental) violation (this is called "whistle-blowing"), or applied for some legal right (for example, workers compensation).
Many of these laws make you file a complaint with the Equal Employment Opportunity Commission (EEOC) or other government agency before filing a lawsuit. In Louisiana, the EEOC only has one office, which is in New Orleans. This is its address and phone number: 701 Loyola Avenue, Suite 600, New Orleans, LA 70130; tel. 504-589-2329. You can file a charge in person or by mail.
Other government agencies that you may want to talk to include the Louisiana or the United States Department of Labor (for many wage, work condition, or retaliation complaints), www.ldol.state.la.us or the Office of Special Counsel with the Immigration and Naturalization Service (for discrimination based on national origin or citizenship status).
Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice depends on the specific facts of each situation. Some information in this web site may not be correct for where you are. The information in this web site is not guaranteed to be up-to-date. The information in this web site cannot replace the advice of competent legal counsel licensed in your state.
Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.
Links. This web site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such sites, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
E-mail. Viewing this Web site, or transmitting an e-mail message through this Web site, does not create an attorney-client relationship. Sending e-mail to an attorney mentioned in this site does NOT create an attorney-client relationship between you and the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.
Information, Not Legal Advice.
Esto es solamente información, no es consejo legal.
This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice depends on the specific facts of each situation. Some information in this web site may not be correct for where you are. The information in this web site is not guaranteed to be up-to-date. The information in this web site cannot replace the advice of competent legal counsel licensed in your state.
Este sitio del Internet fue preparado para dar solamente información.La información en este sitio no es consejo legal.Consejo legal depende de los datos específicos y las circunstancias de cada situación.Es posible que alguna información en este sitio no comporte con el área o la jurisdicción donde usted vive.Es posible que la información en este sitio no esté corriente.La información en este sitio no puede sustituir el consejo de un abogado competente y licenciado en su estado.
Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Propaganda de Abogados. En algunas jurisdicciones, este sitio puede ser considerado propaganda de abogados. Contratar con un abogado es una decisión importante que no debe depender solamente sobre anuncios.
Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.
Información sobre un abogado no es una recomendación del abogado.Antes de contratar con un abogado, usted debe investigar la reputación y las capacidades del abogado.
Links. This web site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such site, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
Conexiones. Este sitio tiene conexiones a otros recursos del Internet.El sitio ofrece estos conexiones para ayudarle identificar y localizar otros recursos del Internet que pueden ser beneficiosos.Estas conexiones no declaran o insinúan que nosotros patrocinamos o que estamos asociados con las personas o entidades que han creado cualquier otro sitio. Los conexiones no declaran o insinúan que nosotros podemos legalmente usar cada nombre de comercios, marca registrada, logotipo, sello legal, o símbolo de los derechos reservados de autor que estén reflejados en las conexiones.
E-mail. Viewing this Web site, or transmitting an e-mail message through this Web site, does not create an attorney-client relationship. Sending e-mail to an attorney mentioned in this site does NOT create an attorney-client relationship between you and the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.
Correo Electrónico.Si usted mira este sitio, o si usted envía un mensaje de correo electrónico por este sitio,esta acción no crea un relación entre abogado y cliente.Usted no tiene relación entre abogado y cliente si usted envía correo electrónico a un abogado que el sitio mencionado.Si usted no es un cliente del abogado, es posible que su correo electrónico a este abogado no tendrá protección del privilegio entre abogados y clientes.Si su correo electrónico no tiene clave secreta electrónica, es posible que su correo electrónico pueda ser interceptado por otras personas que no son el recipiente.
Fechas topes son muy importantes en la mayoría del los asuntos legales. Usted puede perder derechos importantes si usted no contrata con un abogado inmediatamente quien le pueda dar consejo legal. Muchas personas no miran el correo electrónico cada día, y algunos abogados no responden a correo electrónico que no es solicitado de las personas que no son clientes.
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