Understanding At-Will Employment Exceptions in Louisiana: When Firing Becomes Illegal

In Louisiana, the relationship between a boss and a worker is primarily governed by La. Civ. Code art. 2747, which establishes the "at-will" employment doctrine. In plain English, this means your employer can fire you at any time, without warning, and for almost any reason-even a completely unfair one. You could be fired because your boss does not like your shoes, or simply because they woke up in a bad mood.

However, "at-will" does not mean "above the law." There are strict boundaries that employers cannot cross. Please note: This article focuses entirely on specific contract and state statutory exceptions to the at-will rule. We are explicitly excluding wrongful termination based on racial or gender discrimination, or whistleblower retaliation, which are covered under separate, massive federal and state laws. If you believe your boss crossed a legal boundary, you should speak with a local employment lawyer from our US Lawyer directory.

Breach of Implied Contracts

An implied contract is an agreement that is not written out in a formal contract, but is created by the actions, policies, or spoken promises of the employer. In some states, an employee handbook is automatically considered an implied contract. Louisiana courts, however, are very strict. Generally, an employee handbook does not destroy your at-will status.

However, there is an exception. If your employee handbook or a company policy clearly guarantees that you will only be fired for "just cause," or outlines a strict mandatory step-by-step disciplinary process that the boss ignored, you might have a claim for breach of an implied contract. This principle is heavily debated in cases like Stanton v. Tulane Univ. of Louisiana, 777 So. 2d 1242 (LA Court of Appeal 2001), which shows that unless the employer makes a very specific, binding promise regarding a definite term of employment, the at-will doctrine usually survives. If you are filing a lawsuit for this, your lawyer initiates the action by filing an individually drafted petition for damages under La. Code Civ. Proc. art. 891, accompanied by the mandatory Form Appendix 9.6, Louisiana, Supreme Court, Civil Case Cover Sheet pursuant to Rule 9.6 of the Rules for Louisiana District Courts.

Louisiana Statutory Exemptions

Even without a contract, the Louisiana legislature has passed specific laws that forbid employers from firing workers for certain reasons. If you are fired for any of the following, it is illegal:

• Wage Garnishment: Under La. Rev. Stat. § 23:731, your boss cannot fire you simply because a court ordered your wages to be garnished for a single debt.
• Political Opinions: Under La. Rev. Stat. § 23:961, an employer with 20 or more workers cannot fire you for your political affiliations or for participating in politics.
• Military Service: If you are called to active duty in the Louisiana National Guard, state law heavily protects your job while you are serving.

Public Policy Limits

Many states have a "broad public policy" exception, meaning you cannot be fired if the firing violates the general moral good of the public. Louisiana does not recognize a broad public policy exception. As shown in the landmark precedent Quebedeaux v. Dow Chemical Co., 820 So. 2d 542 (LA Supreme Court 2002), a Louisiana employee cannot simply claim a firing was "against public policy." You must point to a very specific state or federal statute that the employer violated by firing you. If you cannot point to a specific law, the firing is likely legal under the at-will doctrine, even if it was highly unethical.

How Much Does it Cost to Sue?

Filing a wrongful termination lawsuit in a local court, such as the Civil District Court for the Parish of Orleans, New Orleans or the 19th Judicial District Court, Baton Rouge, involves court filing fees that typically range from $250 to $400. Fortunately, most employment lawyers work on a "contingency fee" basis. This means you do not pay them by the hour; instead, they take a percentage (usually 33% to 40%) of whatever money they win for you in a settlement or trial.

How Long Does the Process Take?

If your lawyer can negotiate a settlement with your former employer out of court, the process might take 3 to 6 months. However, if the company refuses to settle and the case goes to a full trial, it can take 1 to 3 years to get a final decision from a judge or jury.

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