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Understanding who handles retaliation enforcement

Being disciplined by your employer in Baton Rouge can leave you feeling powerless. While the law clearly states that retaliatory action by your employer in response to you (in good faith) reporting alleged violations that it has committed is illegal, the actual application of that law may be less cut-and-dry. Countless clients come to our team here at Robert B. Landry III, PLC wondering who is actually going to enforce the laws protecting them from retaliation. Knowing this very thing could help you in your decision to come forward is you believe your employer has committed any regulatory violations. 

Per Louisiana's Revised Statutes, you are to report retaliatory actions by your employer to the state's Board of Ethics (such a report can be made on your behalf by an attorney). It is that agency that will then conduct an investigation into your claims, and then subsequently mete out any penalties if your claims are found to have merit. Such penalties can include fines, suspension of contractual agreements, or even referrals to local district attorneys' offices if violations warrant criminal penalties. 

Reporting retaliation by your employer to the state's Board of Ethics does not impede your ability to also commence a civil action, however. If your employer's actions are indeed in violation of the law, you may be entitled to compensation (and even reinstatement if you were terminated). It should be noted, however, that an investigation or pending action by the state's Board of Ethics will automatically be halted by you commencing action, and that the Board may accept any ruling issued by a civil or district court in your case as an adequate resolution and thus dismiss your case. 

You can learn more about taking action in response to employer retaliation by continuing to explore our site.  

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