What is Employment Law in Louisiana?
Map courtesy of Geology.com except where noted.
Louisiana became a U.S. state in 1812. The territory was obtained from France through the Louisiana Purchase, for a total worth of $15 million at the time. The state has a cultural-linguistic atmosphere unlike any other area in the U.S., due to the French, Spanish, Native American, African, and Caribbean influences.
Much of Louisiana's laws and government structure are unique among U.S. states. For example, Louisiana is the only state to have government units called "parishes". These are equivalent to counties in other states. Another feature of Louisiana governance is its extensive system of civil law based on Spanish and French systems. The majority of countries use some form of civil law, which is based mainly on codified statutes. Most of American law is common law- that is, derived from judge-made court decisions.
Louisiana's court system is structurally similar to most states, with a Supreme Court, Court of Appeals, and District Courts. However, because of the civil law influence, the Court of Appeals tends to have much broader discretion when reviewing trials. Also, the Louisiana state Constitution does not directly provide for the right to a jury trial for civil cases. The distribution of damages is also different in Louisiana.
Although Louisiana law is so distinct, lawyers in Louisiana understand how to interpret the state's legal code. Louisiana lawyers carefully review state laws when assisting clients. Depending on your legal dispute or issue, it may be necessary to obtain the expertise of an attorney in Louisiana.
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At-Will and Contract Employment
Most job relationships in Louisiana are on the basis of "at will" employment, but in other cases there may be an employment contract with a set term. "At will" employment implies that either the employee or the employer may end the relationship at any point, so long as the reason for the termination is not illegal. Employment laws of Louisiana will be of primary importance in order to determine the clauses and agreements when an employment contract is used.
The Law of Discrimination in Louisiana
The laws of the state of Louisiana make it illegal to discriminate in any area of the employment, such as when hiring an employee, upon issuing a promotion, or when terminating the employment. Louisiana's laws describe certain classes of people, which employers may not discriminate against. These categories can include gender, age, race, religion, disability, and national origin. Discrimination in the workplace can often be difficult to determine. Louisiana has many lawyers specializing in workplace discrimination who can be of assistance.
