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Wrongful Termination Louisiana

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  • Wrongful Termination Louisiana

    My wife works for a daycare / mother day out and christian school. She was told she is being fired / terminated at the end of the school year because we do not attend church at their church. We did for about 8 years and she has been employed with them for the past 7 years. Last May we stopped going to the church and they decided in January of this year to close the school and terminate her. They say that its because her position is no longer needed but she is also the director of the daycare that they will continue to operate. She was told that the director position now requires that you attend the church and that since we do not she was not being rehired next year. They have also said that she will continue to get paid, as they had previously agreed on, until the end of July if she co-operates. They want her to train the new director and show her how to do the job and if she doesn't they will not pay her through the summer. I am trying to find out if this is a case of wrongful termination or that fact that we are an "at will" state makes it right for them to do this. We just want to know what options we have? We already know that she cannot collect unemployment because they are exempt as a non-profit so she is currently looking for a new job.

    Thanks for any help,

    Alan

  • #2
    It is not a wrongful termination, no, but it's not because you are in an at-will state. (FYI, 49 out of 50 states are at-will, and the 50th state recognizes the at-will doctrine in some situations.) If this were most private employers, it might be. However, churches and other religious organizations, such as Christian schools, are exempted from the law that says you cannot make hiring/firing decisions on the basis of religion. Religious organizations ARE allow to require that employees be a part of their church.

    They must pay her for all the time she actually works. She does not have to train the new director but they do not have to pay her through July unless she works through July.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      http://www.eeoc.gov/laws/practices/i..._religious.cfm
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Thank you for the information

        I appreciate the responses and the information.

        Thanks.

        Alan

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        • #5
          You're welcome.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

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