Best Wrongful Termination Lawyers in Lafayette

About Wrongful Termination Law in Lafayette, United States

In Lafayette, Louisiana, most employment is at-will. That means either the employer or the employee can end the employment relationship at any time and for almost any reason. However, an employer cannot terminate someone for an illegal reason. A firing is considered wrongful if it violates federal law, Louisiana law, or an employment contract. Common unlawful reasons include discrimination based on a protected characteristic, retaliation for engaging in legally protected activities, firing for reporting illegal conduct, or termination that breaches a written employment agreement or a collective bargaining agreement.

Because Lafayette is in Louisiana, state statutes and Louisiana courts shape the local rules that apply in addition to federal law. Understanding which protections apply to your situation, which agency to file with, and how fast you must act is critical. Many claims have short deadlines, and choosing the right path early can make a significant difference in the outcome.

Why You May Need a Lawyer

Employment law is a mix of federal and state rules with technical filing requirements. A lawyer can help you identify the strongest claims, gather evidence, meet deadlines, and maximize your remedies. Common situations where legal help is valuable include the following:

Terminations that appear tied to discrimination based on race, color, religion, sex, pregnancy, national origin, age, disability, or genetic information.

Retaliation after reporting harassment, discrimination, unsafe work conditions, fraud, wage violations, or other illegal conduct, or after requesting a reasonable accommodation.

Being fired soon after taking or requesting protected time off, such as medical leave, military leave, jury duty, or after filing a workers compensation claim.

Being told to break the law and then being fired for refusing or for reporting the illegal directive.

Disputes over severance, non-compete agreements, confidentiality agreements, or the contents of a separation agreement you are asked to sign.

Uncertainty about which agency to file with, how to preserve claims under both federal law and Louisiana law, and how to calculate lost wages and other damages.

Lawyers can also negotiate severance, preserve your unemployment eligibility, and help you avoid mistakes that could weaken your case, such as social media posts or resigning prematurely.

Local Laws Overview

At-will employment in Louisiana. Louisiana law presumes employment for an indefinite term is at-will. Employers may terminate employment at any time for any non-illegal reason. At-will status can be altered by a valid contract, collective bargaining agreement, or specific statutes that protect certain activities.

Louisiana Employment Discrimination Law. Louisiana Revised Statutes Title 23, Chapter 3 prohibits discrimination based on characteristics including race, color, religion, sex, national origin, age 40 or older, and disability, among others. Many claims under federal law have employer size thresholds. For example, Title VII and the Americans with Disabilities Act generally apply to employers with 15 or more employees, and the Age Discrimination in Employment Act generally applies to employers with 20 or more employees. The scope and thresholds under Louisiana law can differ, so discuss employer size with counsel.

Whistleblower protection. Louisiana Revised Statutes 23:967 protects employees from retaliation for reporting or refusing to participate in an employer activity that is illegal. You generally need to be able to show that the complained-of conduct violated state law and that you reported it in good faith.

Workers compensation retaliation. Louisiana Revised Statutes 23:1361 prohibits firing an employee for asserting a claim for workers compensation benefits or for testifying in a workers compensation proceeding.

Jury service, military leave, and other civic duties. Employers may not terminate employees for serving on a jury or for military service. Federal USERRA protects service members and veterans. Louisiana also has protections related to jury duty. Ask a lawyer about documentation you should provide to your employer.

Final wages and penalty wages. Under Louisiana Revised Statutes 23:631 and 23:632, terminated employees must receive all earned wages by the next regular payday or within 15 days, whichever comes first. If an employer fails to pay after written demand, penalty wages can accrue for up to 90 days, plus reasonable attorney fees in some cases.

Unemployment insurance. The Louisiana Workforce Commission administers unemployment benefits. You may be eligible if you lost your job through no fault of your own. Misconduct can disqualify you, but the definition is specific. Many workers who are terminated still qualify. File promptly to avoid delays.

Non-compete agreements. Louisiana strictly limits non-competes. To be enforceable, a non-compete must meet specific statutory requirements, including geographic limits tied to named parishes or municipalities and a maximum duration of two years, among other conditions. The facts matter, and early legal review helps.

Local courts and agencies. Lafayette wrongful termination claims may be filed in the 15th Judicial District Court for Lafayette Parish or in the United States District Court for the Western District of Louisiana, Lafayette Division, depending on the claims. Administrative charges are commonly filed with the Equal Employment Opportunity Commission or the Louisiana Commission on Human Rights.

Filing deadlines. Federal discrimination charges usually must be filed with the EEOC within 300 days in Louisiana because a state fair employment agency exists. After a Notice of Right to Sue, you typically have 90 days to file in court. Many Louisiana state law employment claims must be filed in court within one year. Under the Louisiana Employment Discrimination Law, the one year period can be suspended while an EEOC or state charge is pending, up to six months. Deadlines for whistleblower and workers compensation retaliation claims are often one year. Wage claims for unpaid salary generally have a three year prescriptive period. Always confirm deadlines with a lawyer immediately.

Frequently Asked Questions

What counts as wrongful termination in Lafayette, Louisiana

A firing is wrongful if it violates federal or Louisiana law or a valid contract. Examples include discrimination based on protected traits, retaliation for protected complaints or activities, firing for filing a workers compensation claim, termination for serving on a jury or for military leave, or discharge in breach of an employment contract or union agreement.

Am I an at-will employee in Louisiana

Most employees in Louisiana are at-will, meaning they can be terminated for any non-illegal reason. Exceptions arise from contracts, collective bargaining agreements, and statutes that protect certain activities. At-will does not allow termination for discriminatory or retaliatory reasons.

How fast do I need to act if I think I was wrongfully terminated

Deadlines are short. Many discrimination claims must start with an EEOC or Louisiana Commission on Human Rights charge within 300 days, followed by a 90 day window to sue after a right-to-sue notice. Many Louisiana state law claims have a one year prescriptive period, and wage claims often have three years. Speak with a lawyer as soon as possible to protect all deadlines.

Do I file with the EEOC or the Louisiana Commission on Human Rights

Either can be appropriate, and charges are often dual-filed. The best choice depends on your claims, timing, and strategy. A lawyer can help draft a detailed charge, select the right forum, and preserve both federal and state claims.

Can I bring a claim if my employer has fewer than 15 employees

Possibly. Some federal laws have minimum employee thresholds, but Louisiana state law may offer parallel protections with different thresholds. Other claims, like whistleblower retaliation, workers compensation retaliation, or wage and hour claims, do not depend on employer size.

What if I was fired after I reported illegal or unsafe practices

Louisiana has a whistleblower statute that can protect employees who report or refuse to participate in illegal acts. Federal laws also protect certain reports, such as safety complaints to OSHA or reports of discrimination or harassment. Preserve documentation of what you reported, to whom, and when.

What if I was terminated after filing a workers compensation claim

It is illegal in Louisiana to fire an employee for filing a workers compensation claim or for testifying in a workers compensation proceeding. These claims have specific elements and deadlines, so consult an attorney quickly.

Will I qualify for unemployment benefits if I was fired

Many terminated employees in Louisiana qualify for unemployment benefits unless they were discharged for disqualifying misconduct. Apply promptly with the Louisiana Workforce Commission. If denied, you can appeal. Your lawyer can advise on how your legal claims interact with unemployment filings.

Can my employer enforce a non-compete against me after termination

Maybe, but Louisiana strictly limits non-competes. They must identify specific parishes or municipalities, be narrowly tailored to the employers business, and last no more than two years. Even if enforceable, an employer must show a legitimate protectable interest. Have a lawyer review any restrictive covenants before you accept new work.

How do I strengthen my case right now

Gather documents such as offer letters, handbooks, performance reviews, emails, text messages, schedules, pay stubs, write-ups, witness names, and your calendar notes. Write a timeline of key events with dates and names. Preserve evidence, avoid deleting messages, and limit public social media posts about your matter. Consider sending a written request for final wages if unpaid.

Additional Resources

Equal Employment Opportunity Commission New Orleans Field Office. Handles federal discrimination and retaliation charges for Louisiana workers.

Louisiana Commission on Human Rights. Investigates state discrimination complaints and coordinates with the EEOC.

Louisiana Workforce Commission. Administers unemployment insurance and provides worker resources and guidance on wage payment issues.

United States Department of Labor. Enforces federal wage and hour, family and medical leave, and other workplace laws.

15th Judicial District Court, Lafayette Parish. State court venue for many Louisiana employment claims.

United States District Court for the Western District of Louisiana, Lafayette Division. Federal court venue for federal employment claims arising in Lafayette Parish.

Louisiana State Bar Association Lawyer Referral and Information Service. Can connect you with employment lawyers licensed in Louisiana.

Acadiana Legal Service Corporation. Provides civil legal assistance to eligible low-income residents in the Lafayette area.

Lafayette Bar Association. Offers local legal education and may provide referral information for employment law matters.

Next Steps

Do not resign unless a lawyer advises you to do so. Resignation can affect your rights and benefits.

Write a detailed timeline of events. Include dates, names, what was said or done, and how you responded. This helps your attorney evaluate the case quickly.

Collect and preserve evidence. Save emails, texts, performance reviews, policies, pay records, photos, and any reports or complaints you made. Forward work emails to a personal account only if you have permission and it does not violate policy or law. Do not take trade secrets or confidential data.

Request final pay in writing if unpaid. Louisiana law sets strict deadlines for final wages and allows penalty wages if the employer fails to pay after written demand in many cases.

Apply for unemployment promptly with the Louisiana Workforce Commission. Keep copies of your application and any correspondence.

Consult a Louisiana employment lawyer early. Ask about federal EEOC and Louisiana Commission on Human Rights filing options, preservation of state claims, and whether to send a demand letter or file an agency charge immediately.

Review any severance or separation agreement with counsel before signing. Agreements often include releases of claims, confidentiality obligations, and non-competes that can affect your rights.

Mind the deadlines. Many claims have 300 day, 90 day, one year, or three year time limits. Missing a deadline can end a claim.

Mitigate your damages. Keep records of your job search, as this can affect back pay and front pay calculations and support your claim.

Limit public statements. Avoid social media posts about your employer or case and do not contact potential witnesses in a way that could be perceived as harassment. Let your attorney handle communications strategy.