Employee Discipline: Louisiana

Federal law and guidance on this subject should be reviewed together with this section.

Author: David Korn, Phelps Dunbar LLP

Summary

• Louisiana has a statute prohibiting employers from utilizing unauthorized electronic surveillance methods. Louisiana is a one party consent state. See Louisiana Electronic Surveillance Act.
• Louisiana has statutes governing the methods and costs of employee background checks. See Employee Background Checks.
• Certain Louisiana municipalities ban e-cigarette use. See E-Cigarettes.
• Louisiana has a statute governing the prehire and post-hire drug testing of employees. See Drug Testing.
• Louisiana is an employment at-will state. Generally, an employee does not create a contract of employment when he or she signs and acknowledges an employee handbook. See Employment At-Will.
• Louisiana has various statutes regarding smoking, breastfeeding and employee firearms possession. See Work Rules Regarding Health and Safety.
• An employer cannot discharge employees for exercising political opinions. See Workplace Rules Regarding Political Activity.
• Louisiana has statutes protecting time off for jury duty, military leave and pregnancy leave. See Work Rules Regarding Schedules, Attendance and Pay.
• Louisiana's Uniform Trade Secrets Act allows employers to file claims against former employees, competitors or others who misappropriate the employer's trade secrets. See Misappropriation of Trade Secrets.
• The Louisiana Unfair Competition law also allows employers to prevent former employees from using confidential information to compete with the employer, and also prevents the solicitation of customers by former employees. See Misappropriation of Customers and Unfair Competition.
• Louisiana has various statutes prohibiting discrimination and retaliation against employees. See Prohibited Discrimination and Retaliation.
• Louisiana courts recognize employee claims for defamation, intentional interference with employment relationship and intentional infliction of emotional distress. See Employer Liability Regarding Employee Discipline.
• Louisiana has statutes limiting discipline against certain public employees. See Limitations on Discipline Against Certain Public Employees.