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Browse our 2 legal questions about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.
Wrongful termination law in Baton Rouge, United States, is generally understood to be an area of employment law that maintains safeguards for employees who have been dismissed from their employment under unlawful circumstances. While Louisiana is an "at-will" employment state, meaning that an employee can be terminated for any reason or no reason at all, there are statutory protections in place that shield employees from wrongful termination, such as discrimination, retaliation, or refusal to engage in illegal activities.
Should you have been dismissed from your role under suspicious or unjust circumstances, a lawyer can meticulously review the circumstances of your dismissal. Common situations where individuals may seek legal help include discriminatory dismissals (such as those based on race, sex, religion, age, or disability), retaliatory termination (such as following an employee’s whistleblowing or filing a sexual harassment complaint), violation of an employment contract, or dismissal for refusing to engage in illegal activities.
In Baton Rouge, wrongful termination laws are largely regulated at the federal level, augmented by antidiscrimination and whistleblowing protections offered at the state level under the Louisiana Employment Discrimination Law. This law forbids discrimination based on race, color, religion, sex, disability, or national origin. In addition, retaliation against an employee for filing a complaint or participating in an investigation is illegal.
‘At-will’ employment, as practiced in Louisiana, means that an employer can terminate an employee for any reason (that isn't illegal) or for no reason at all, as long as there isn't an employment contract in place dictating specific job protection.
Wrongful termination is generally characterized by termination that directly violates federal, state laws, contractual obligations, or public policy. This might include discrimination, retaliation, refusal to commit illegal acts, or violation of express or implicit employment contracts.
Evidence could range from emails or memos showing discriminatory or retaliatory intent, witness statements, or proof that only you were singled out for adverse treatment. A lawyer can help you gather and present the required evidence.
Typically you have a year from the date of termination to file a wrongful termination lawsuit, but we recommend consulting with a lawyer as soon as possible after your termination to discuss timelines and other specifics.
No, it is unlawful for employers in Baton Rouge to retaliate against employees for filing harassment or discrimination complaints. Doing so may constitute wrongful termination.
The Louisiana Workforce Commission and the U.S. Equal Employment Opportunity Commission are both excellent resources for those seeking advice on employment rights. The Baton Rouge Bar Association can help connect you with lawyers specializing in wrongful termination cases.
If you believe you have been a victim of wrongful termination, it is advisable to consult with a lawyer who is well-versed in employment law. Document all related communications and events related to your termination, gather any supporting evidence, and contact an attorney as soon as you are able. A lawyer can guide you on your best course of action and can represent your interests in and out of court.
