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What a Terminated Employee in Louisiana Should Know

 

It is a sad fact that employment termination has steadily risen since the global recession shook the economy and, in turn, the workforce. No matter how secure you feel at your job, there is still that chance of facing termination in a place like Louisiana, during these unstable times. Hopefully less people should be forced out of jobs, but in preparation for the unfortunate event, every employee must know his or her rights when laid off from the job. Know the possible conditions that could rightfully cost you the job as well workers’ compensation policies that will affect the days following termination. 

The State of Louisiana has been referred to as one of the notorious “at-will” states. This implies that employers in the state can terminate and hire at will. Legitimate companies have severance benefits prepared for the unlucky employee, and a fired worker can also turn to the State of Louisiana for workers compensation.

When hired, it is important for employees to read the fine print and learn early on the company policy with regards to separation benefits. Contractual workers are also entitled to benefits. And employees who do not sign contracts can still rely on the fact that companies are under federal laws on severance pay. 

 The employer should not enforce unlimited reign on its employees, and should never discriminate employees based on religion, sex, race, age, gender, nationality or disability. Any termination based on these grounds is unlawful. 

Moreover, every employee terminated in the State of Louisiana is entitled to unemployment benefits, while waiting for workers’ compensation. When the reason for the termination is beyond the powers or control of the employee in question, he or she must receive unemployment support. The terms for these benefits are based on existing state policies and federal laws. 

When an employee in Louisiana is terminated without reasonable cause, the employee has the right to ask for workers’ compensation. Meanwhile, they can apply for unemployment benefits. By meeting the requirement of the Louisiana Employment Security Law, a laid off employee may get temporary financial aid. The unemployment benefits should be based on the legality of the claim and the standards of previous employment. 

There are a few requirements terminated employees need to fulfill before receiving unemployment paycheck, while walking processing claim for workers’ compensation. A terminated employee must submit proof that their termination was not their own fault. It should also be proven that the employee has received enough salary within the time he or she was terminated. It is also important that the employee is seeking employment if her or she is able to. 

In case of wrongful termination, an employee must file a formal complaint addressed to the Equal Employment Opportunity Committee before going further with a lawsuit. It is the committee’s prerogative to investigate the case before going to court. An employee thinking of filing a complain must reach a counselor from the committee within 45 days after termination. The committee can also help in determining whether a case can be settled out of court. 

For more information on workers’ compensation after termination, visit www.johnfoxassociates.com. Or you may call 1-866-994-1912 (Toll free) and 1-504-891-3303 (Local). You can also mail your questions to info@johnfoxassociates.com.

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