Wrongful Termination Laws in Louisiana

Under Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.), employers with 15 or more employees are prohibited from terminating employees based on race, color, religion, sex, or national origin. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., protects workers 40 and older from age-based termination at employers with 20+ employees. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., covers employers with 15+ employees and prohibits termination based on disability. The Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 2100 et seq., protects all employees regardless of size from termination based on genetic information.

The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., protects eligible employees at covered employers (50+ employees) from termination for taking protected leave. Federal law also protects employees from retaliation for reporting illegal conduct (whistleblower protections under Sarbanes-Oxley and Dodd-Frank), for filing OSHA complaints, or for workers' compensation claims under state law.

Federal enforcement occurs through the Equal Employment Opportunity Commission (EEOC) for discrimination claims, with a 180-day filing deadline in most states. Remedies include back pay, front pay, reinstatement, compensatory damages, and punitive damages up to $300,000 for intentional discrimination depending on employer size.

Louisiana Civil Code Articles 2747 and following establish the default rule: employment contracts of indefinite duration may be terminated by either party without cause. This codification of at-will employment is broader than federal law and means Louisiana employers have significant latitude to terminate workers.

However, Louisiana Revised Statutes § 23:961-23:967 creates an important public policy exception: employers cannot terminate employees for filing workers' compensation claims, reporting safety violations, or refusing unsafe work. This statute applies to all employers regardless of size and creates a wrongful termination claim if an employee is fired in retaliation for exercising workers' compensation rights.

Louisiana Revised Statutes § 23:291 prohibits termination based on jury duty service or court attendance. Employees called to jury duty cannot be fired, threatened, or penalized for performing this civic duty. This protection applies to all employers.

Unlike many states, Louisiana does not recognize an implied covenant of good faith and fair dealing that would limit at-will termination rights. Louisiana courts have consistently held that absent a written contract, public policy exception, or discriminatory motive, employers can terminate employees at will. The state also does not recognize claims based on implied contracts formed by verbal promises or employer handbooks.

Discrimination-based termination remains actionable under federal law (Title VII, ADEA, ADA, GINA) and is enforced through the EEOC. Louisiana does not have a state-level employment discrimination law with broader coverage than federal; instead, protections are exclusively federal. Wrongful termination claims in Louisiana are therefore narrower than in states with their own civil rights statutes or public policy doctrines.

Louisiana's at-will employment doctrine contains significant exceptions that limit wrongful termination claims. First, employees with written employment contracts specifying terms and duration are not at-will employees; the contract terms control. Second, public policy exceptions exist narrowly: termination for jury duty, military service, workers' compensation filing, or safety reporting violates public policy. Third, employment discrimination based on protected classes (race, color, religion, sex, national origin, age 40+, disability, or genetic information) is prohibited under federal law and cannot be the basis for termination.

However, Louisiana recognizes broad employer defenses. Employers can terminate at-will employees for poor performance, personality conflicts, economic reasons, or business restructuring without legal consequence. The state does not recognize wrongful termination based on implied contracts formed by oral promises or employer handbooks. Louisiana courts have consistently rejected good faith and fair dealing claims in employment relationships absent an explicit written contract.

Additionally, at-will employees have no claim based on breach of implied covenant of good faith—the employment can be terminated without cause. Union employees and those covered by collective bargaining agreements have contractual protections outside the at-will framework, but these are contract-based, not statutory. Probationary employees have the same at-will status as permanent employees in Louisiana. Finally, Louisiana does not recognize claims for termination in violation of public policy based on private company handbook policies or informal workplace rules.

Step 1 — Document Everything: From the moment you suspect wrongful termination, preserve all evidence. Save copies of emails, performance reviews, text messages, calendar invitations, and any communications with your manager or HR. Document the date of termination, exact words used, witnesses present, and circumstances. Keep a detailed written record of any safety violations you reported, workers' compensation claims you filed, or jury duty you performed. Take screenshots of company policies, handbook pages, and any written promises about employment duration. Store copies in a personal email account or cloud storage outside the company system immediately.

Step 2 — File an Internal Complaint if Applicable: If your termination involved discrimination, contact your employer's HR department in writing (email preferred for documentation) to file a complaint within 30 days of termination if possible. Request a written response and keep all correspondence. This step is not required for wrongful termination claims but may preserve remedies if the company has an internal grievance process. For workers' compensation retaliation, notify your employer in writing that you believe the termination violates Louisiana Revised Statutes § 23:961. Request documentation of the reason for termination in writing.

Step 3 — File with the Appropriate Agency: For discrimination-based termination, file an EEOC charge online at www.eeoc.gov or visit the New Orleans EEOC office (phone: 504-589-2329) within 180 days of termination. The charge is free and does not require an attorney. Complete the intake questionnaire with detailed facts about your job, the termination date, and the protected characteristic (race, age, disability, etc.) that motivated the firing. For workers' compensation retaliation, file a claim with the Louisiana Office of Workers' Compensation Administration (OWCA) within the workers' compensation process; contact 1-800-201-9941 or www.owca.la.gov.

Step 4 — The Investigation Process: After you file an EEOC charge, the agency will investigate within 180 days. The EEOC will contact your employer, request documents, and may interview witnesses. You will receive updates on investigation status; expect to provide additional statements or documents if requested. The process typically takes 6-12 months. If the EEOC finds reasonable cause to believe discrimination occurred, it will attempt to conciliate (negotiate settlement) between you and the employer. If conciliation fails, you receive a "Right to Sue" letter allowing you to file a lawsuit in federal court within 90 days.

Step 5 — Consult an Attorney: Contact an employment attorney experienced in wrongful termination and discrimination law in Louisiana within 30-60 days of termination if discrimination is involved. Many employment lawyers work on contingency (no upfront cost; they take a percentage of winnings). An attorney can advise whether your case has merit, help gather evidence, and represent you in EEOC proceedings or court. For workers' compensation retaliation, consult an attorney who practices workers' compensation law to evaluate your claim and navigate the administrative process.