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bluedonkey Donating Member (644 posts) Send PM | Profile | Ignore Fri Jul-08-05 03:53 PM
Original message
Need info on legal question
on wrongful termination.
Is there any free or inexpensive legal help in Louisiana?
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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 04:09 PM
Response to Original message
1. With the at-will doctrine working against you.
I doubt there is any assistance. Remember the "At-Will" Doctrine is alive and well in most states of the Union. The "At-Will" Doctrine basically says you can be fired for any reason or no reason except if it is an illegal reason (Generally sex, race, age, disability etc discrimination).

Given this background the first place I would look into would be your States "Equal Employment opportunity Commission", which looks like the Louisiana Human Rights Commission: http://www.gov.state.la.us/depts/lchr.htm



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bluedonkey Donating Member (644 posts) Send PM | Profile | Ignore Fri Jul-08-05 06:18 PM
Response to Reply #1
3. Thanks
this probably won't work.Looks like you need 20 people to file a concern.
Thanks anyway.
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REACTIVATED IN CT Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 04:21 PM
Response to Original message
2. did you google Legal Aid??
Or check the local or state bar association website for pro bono lawyers?
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bluedonkey Donating Member (644 posts) Send PM | Profile | Ignore Fri Jul-08-05 06:19 PM
Response to Reply #2
4. I will
try the state bar association.At least they could tell me if I have a case.
thanks.
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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-05 11:11 PM
Response to Reply #2
5. I doubt Legal Aid can help
Edited on Fri Jul-08-05 11:25 PM by happyslug
I work for Legal Aid in Pennsylvania, we do Unemployment Insurance law but NOT employment law. My experience with legal aid programs south of the Mason Dixon line is they do even less. Legal Aid is funded by the Federal Government based on the number of people in Poverty in a County. This is supplemented by money from the State and local Governments. Outside of the South State funding tends to be equal to the Federal Grant. In the South the states rarely fund legal aid programs. Thus Legal Aid Programs in the South tend to have less money than other legal aid Programs and can do even less than what legal services in the rest of the Country does. Just a product of money.

Yes, there is a difference between Unemployment Insurance law and Employment law. You are eligible for Unemployment Insurance if you are unemployed for no fault of your own (i.e. you did not quit or fired for willful misconduct). This varies from state to state so you might want to check with your local Unemployment Office to see if you are eligible for Unemployment Insurance. You may want to check your local legal Aid Office to see if they do Unemployment Insurance Law.

Your Local Legal Aid Program is:

Capital Area Legal Services Corporation
200 Third Street
P.O. Box 3273
Baton Rouge, LA 70821
(800) 256-1900
Capital Area Legal Services Corporation Web Site:
http://www.calscla.org/

From they Web Site it looks like they do Unemployment Insurance Law but I do not see if any other aspects of Employment law is in there list of priorities.

From National LSC Website: http://www.lsc.gov/
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bluedonkey Donating Member (644 posts) Send PM | Profile | Ignore Sat Jul-09-05 05:23 PM
Response to Reply #5
8. Thanks for
all your suggestions.I will call and see what they say.
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REACTIVATED IN CT Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 09:29 AM
Response to Reply #2
7. Link to LA ProBono Project
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REACTIVATED IN CT Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-05 09:23 AM
Response to Original message
6. Link to LA labor dept site
I started from the US DOL site and found this link.

http://www.ldol.state.la.us/job_laborlawfaq.asp?Portal=WRK

<snip> Questions about Louisiana Labor Laws

Are there any legal restrictions against firing, suspending or disciplining employees?
Louisiana is known as an employment-at-will state. Generally, this means that an employer may legally hire, fire, suspend or discipline any employee at any time and for any reason - good or bad - or for no reason at all. However, an employer may not discriminate against any employee on the basis of the employee's race, sex, age, religion, color, national origin, or disability. Louisiana law also prohibits discrimination on the basis of pregnancy or childbirth, sickle cell trait, handicap, and smoking.

Also, under the Louisiana "whistle blower's law", the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law. This law may be found at Louisiana Revised Statutes (R.S.) 23:967 and 30:2027.

There are other exceptions to Louisiana's employment-at-will doctrine. Louisiana employees may not be disciplined or discharged at-will for:

Being called to military service
Political opinions or voting
Exercising right of association
Wage garnishment
Filing workers' compensation claim
Being called to jury duty
(Employer must also pay the employee one day's wages during the jury service.)

<snip>
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bluedonkey Donating Member (644 posts) Send PM | Profile | Ignore Sat Jul-09-05 05:36 PM
Response to Reply #6
9. Thank you
for the links,they sound promising.
I think I have a case.I was told to work off the clock when they took me out of the system,due to a wrong CRP card.I work in healthcare and the CPR card that was issued to me only covers Daycare and Preschool workers.We took the basic course together and the Healthcare workers had some additional training.My mistake,I didn't look at my card and when I noticed I called the instructor right away and he promised to send the right card.My supervisor knew this and she still tried to get me to go up to the floor and work.It's against the law,they told me that when they hired me 2 years ago.Also,in the past they had forced other people to work off the clock and then refused to pay them.
So now they fired me for abandoning my patients,which I didn't,because I wasn't even in the system at the time.
I just want my record cleared.
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REACTIVATED IN CT Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jul-10-05 11:52 AM
Response to Reply #9
10. Good luck !!
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