Louisiana Employment Legal Questions

If, as you say, you are not bound by any non-comepte agreement, and did not sell any part of this business to your current employer (in which case a non-compete can be imposed by law) you have every right to compete with your former employer.  HOWEVER, you can't use any trade secrrets or proprietary information you learned in your employment.  For example, if you know how much your current employer is bidding on a proposal and use that knowledge to undercut the bid and get the job, that would probably be considered unfair competition.  Things like customer lists, costing and markup information, etc can be considered trade secrets depending on whether you learned it in the course of your employment, how much time and money was spent by your employer to acquire that knowledge, the extent to which that knowledge is not publicly available, and the extent to which your employer takes care to keep the information secredt.   As for trying to circumvent your obligaqtions through the subterfuge of using somebody else's name, you can't do indirectly what you are prohibited from doing directly, and if you're caught you will look worse.... Read More

You should get a La. Dept of Labor Separation Notice Alleging Disqualification, Form 77 also known as a "pink slip" within 3 days of your discharge from your job. It will state the reason for the discharge. I would call them an request it if they have not given it to you and inquire. If you file for unemployment, they will have to disclose the reason to the Department of Labor in their response. However, if you only suspect you were fired for filing a harassment claim, I would say you do not yet know the reason you were discharged.... Read More

You seem to be laboring under the mis-impression that you are your supervisor's equal in status or authority with the company. You are not.  She has a right to talk to another supervisor to discuss the problem she is experiencing with you. You do not have a right to prevent her from doing so. You were asking the wrong question when you confronted her about it. Michael Caldwell 404-979-3150  ... Read More

You need to speak to an attorney.  Potentially, you may have a claim for intentional infliction of emotional distress, or perhaps for discrimination depending on why the supervisors are picking on you.  You should also make a written complaint to HR about what has gone on.  But you should see the attorney first.  ... Read More

There is not enough information that you have given here.  Based on what you say in your question, a one time indelicate or even obscene statement by a supervisor, such as you cite, without more is not enough to constitute a legally-significant hostile working environment on any basis. The discrimination laws are not rules of workplace etiquette. They only touch the most serious misconduct.    Michael Caldwell 404-979-3150... Read More

Essentially, you have three options. The first is to do nothing. But if this has truly harmed you, then there are two other options. You can explain to the former employer that this behavior is unacceptable and they need to rectify their behavior. Unfortunately this route is fraught with tension. An employer may take that as a cue to cover up the prior behavior. The final option is to retain an attorney to sue the employer for various torts including but not limited to defamation. There may be other business torts depending upon the specifics of the situation that may be helpful as well.... Read More

The facts of your question are very interesting. Sometimes meeting with an attorney and talking through these issues ends with a discovery that there is indeed some type of discrimination going on. Sometimes it is harder to see than more blatant and obvious types of discrimination. It may make sense for you to set a meeting with an attorney - some will offer free consultations like we do - and see what comes out of the meeting.... Read More

These matters always depend more upon the specifics of the situation, but generally speaking, something may be actionable if the remarks were not true or were done specifically to interfere with your ability to obtain employment. You should consult with an attorney so he or she can fully advise you on your rights dependent upon the circumstances.... Read More

When you are having problems at the workplace, your options are limited but can sometimes be very effective. As far as workplace conditions are concerned, you can always contact OSHA regarding the conditions. Regarding the bonus, that may be a separate issue. It is possible that either (a) you are being discriminated against for filing a report or (b) you have a contract based action regarding your bonus. It is best to consult an attorney to determine your options and which option will best serve you.... Read More

The answer to this question varies depending on how you are employed by the estate. For instance, you may not actually be employed by the estate but rather by an entity that the estate owns. Without knowing more specific facts, it is difficult to accurately advise you. The general answer, however, is yes.... Read More

The general answer to this is "no." Unless the employee has signed a contract or other agreement to that affect (including an employee handbook) there is no indication that the employer should be permitted to place a requirement to pay the employer upon the employee. But, please take note that Louisiana is an "at-will" employment state, meaning that absent a representation to the contrary, an employee can be fired at virtually anytime for virtually any reason.... Read More

It sounds like your husband has been out on leave for more than 12 weeks. If that is so, the employer is not required to protect his right to return to his old job while your husband is on leave. The Family Medical Leave Act only requires covered employers (employing at least 50 employees in a 75 mile radius) to provide 12 work weeks of protected leave to eligible employees (employees who have worked at least 12 months for the employer and have completed at least 1250 hours of work) to employees suffering from a serious health condition.    Michael Caldwell 404-979-3150... Read More

I think with this "undeniable" proof you possess you should contact the California Department of Fair Employment & Housing... and an Employment Attorney. This appears to be Criminal Fraud, and the local Sheriff's Department would like turn over a claim of Criminal Fraud to the District Attorney with your 'undeniable proof". JUST BE ABSOLUTELY CERTAIN this 'undeniable' proof really, truly cannot be challenged in any way (or your unemployed and likely denied Unemployment Insurance). The California Division of Industrial Relations www.dir.ca.gov has a Labor Board with which you can file for getting paid the missing time for those breaks... start there.... Read More

A motion to dismiss in these cases can be fought, but it would depend on what the motion says and the facts of your discrimination. You should contact an attorney as soon as possible to review your motion to dismiss and possibly defend against that motion. Any lawyer licensed in Massachusetts (I am licensed in MA, NY, and LA) is licensed to help you with these issues. Generally, time is of the essence in these matters.... Read More

Generally, federal law requires an employer to pay overtime (for hourly and non-exempt employees) at the rate of time and one half  for all hours worked over 40 in a "work week."  The requirement doesn't depend on the pay period.  However, there are exceptions to the rule.  For instance, if you work for a company which has a union, the labor contract could allow you to work more than 40 hours per work week without receiving overtime in certain circumstances.  Also, if you are employed by what is called a "local enterprise" engaged in the wholesale or bulk distribution of petroleum products, you may not be entitled to overtime under the facts you describe.... Read More