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Thread: wrongfully terminated Louisiana

  1. #1
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    Default wrongfully terminated Louisiana

    I worked from December until April as a manager without pay but the owner told us that when it opened we will be reimbursed. I was terminated from my job because I went to her with a problem with an employee and the employees husband. She refused to take care of he problem and the owners husband told her to terminate everyone and start over. There was 4 other people that was terminated as well as myself for no reason at all. I was never paid a penny. The owner is now telling me that she isn't liable. How is that possible?

  2. #2
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    Based on what you have posted, you may or may not have been unfairly terminated but you were not wrongfully (illegally) terminated. It is possible - not definite, not even likely, but possible - that additional facts may change that answer.

    SPECIFICALLY what was the problem with the employee/employee's husband?

    (If the termination was not illegal, then of course she isn't liable.)

    FYI, you DO have recourse for not being paid. You can file a wage claim with the Louisiana state DOL. But that's an entirely separate issue.
    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.

  3. #3
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    Quote Originally Posted by cbg View Post
    Based on what you have posted, you may or may not have been unfairly terminated but you were not wrongfully (illegally) terminated. It is possible - not definite, not even likely, but possible - that additional facts may change that answer.

    SPECIFICALLY what was the problem with the employee/employee's husband?

    (If the termination was not illegal, then of course she isn't liable.)

    FYI, you DO have recourse for not being paid. You can file a wage claim with the Louisiana state DOL. But that's an entirely separate issue.
    I was friends with the owner of the bar before we started this. I showed her the building because I was hired to go in and clean the building. She hired someone to come in and paint I had no say in that but he scammed her and took her for over $3000 dollars. A few months after that she knew an acquaintance that had experience ordering food and beer in bulk from suppliers so she was suppose to come in and teach us how to do it. Neither of us have that experience. The lady came in didn't teach us anything for 2 months but she also brought her husband who did nothing. The owner asked the ladies husband to do some handyman work but when it came to mine and the owners office he insisted that it be one way and I didn't want it that way. He went to her called me a f###@@$ 2 year old and another occasion he called me incompetent because I have no experience. But the owner has no experience either. I told her she needs to tell him to stop running her mouth but she didn't for days and it just got worse. She finally went to her husband who she says she told that I did nothing wrong because I didn't yell at this guy, didn't argue or anything we went to her to have to solve the problem. Called a meeting where the husband came home (his job is on the road) and he talked to us about getting along but nobody else was talked to about it. My spouse was also one of the ones fired but he did nothing wrong either. he wanted to punch him but he refrained. so another incident happened and then she called her husband and he said to fire everyone and start all over. But I did nothing wrong. I knew talking to them would be more problems so I went to my boss to take care of the situation. I have bank records of where she was using business money for her own personal use, no bills were being paid, and nothing being bought for the bar. I was unable to do my job because there was no money. They got a loan right before we all got fired. The other employees hadn't even gotten to work there yet because the place still isn't open but yet they all got fired as well. Not sure why they all got fired but all the ones that were first hired were let go. Then the husband goes and rehires the 2 people that were causing the problems after firing them all. I don't know what to do. I am sad about the friendship but I am mad that I put 4 months into this job and then knowing we wasn't getting paid until it opens. Does that help answer your questions?

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    Yes, it does. My original answer stands.

    You have recourse through the state DOL with regards to the no-pay issue, but your termination was not considered wrongful under the law. It may or may not have been fair, but it was legal.

    You should file for unemployment and you will likely get it. But that does not a wrongful termination make.
    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.

  5. #5
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    Default legal?

    how is it legal? I did nothing wrong to be terminated!!

  6. #6
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    Louisiana is an at will state meaning there doesn't have to be a reason to terminate your employment. And nothing you posted makes it an illegal termination. You didn't get along with other employees enough that it was causing issues for the owners and honestly their decision to get rid of everyone rather than just you was to their benefit so you can't claim any type of discrimination (gender, age, etc).

    I agree with CBG that you should file a wage claim if you have some proof of working -- did you document your hours worked and what you did? And you should also file for unemployment. However, I have to wonder if this was ever truly a business or an employer. Did you fill out any employment paperwork like an I-9 or a W-4? Do you have anything in writing?

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    In 49 out of 50 states, including Louisiana, and sometimes in the 50th, you do not have to have done anything wrong before you can be fired. You can be fired for any reason, or no reason, as long as there is no specific law that is violated by your termination. Based on what you have provided, that is the case here. You may not have done anything wrong, which is why I said you may have been unfairly terminated. But there is no specific law that the employer violated by terming you, either, so you were not illegally terminated. Google, at-will employment.

    Now, if the employer cannot provide a valid misconduct reason for terming you, you'll be eligible for unemployment. But whether you do or do not qualify for unemployment has no bearing on the legality of the termination.

    You have a legitimate wage claim and you should not hesitate to file it.

    But of course you are free to pay an attorney to tell you the same thing, if you want.
    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.

  8. #8
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    File a wage claim with the DOL and go ahead and try to file unemployment, but I will be shocked if they have actually done anything to set up a legitimate business and unemployment has even heard of them.

    I have to say-you worked for someone for 4 months without being paid?

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