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Summary of differences between federal and state regulations
The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.
Louisiana law does not require a discharge notice or a reason for discharge. However, an employer may not discriminate against any employee on the basis of the employee's race, sex, age, religion, color, national origin, or disability. Louisiana law also prohibits discrimination on the basis of pregnancy or childbirth, sickle cell trait, handicap, and smoking.
Also, under the Louisiana "whistle blower's law", the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law. This law may be found at Louisiana Revised Statutes (R.S.) 23:967 and 30:2027.
There are other exceptions to Louisiana's employment-at-will doctrine. Louisiana employees may not be disciplined or discharged at-will for:
- Being called to military service
- Political opinions or voting
- Exercising right of association
- Wage garnishment
- Filing workers' compensation claim
- Being called to jury duty (The employer must also pay the employee one day's wages during the jury service.)
Employees who are fired may still apply for unemployment insurance benefits.
Federal
Contacts
None.
Regulations
None.