Involved In An Employment Law Dispute?
Workplace discrimination, harassment, and other employment-related difficulties can have far-reaching consequences. If you lose your job or feel forced to resign, you face financial hardships that can be hard to overcome, along with feelings of humiliation, helplessness, and worry. You may even think that there’s nothing you can do about it- your former employer has attorneys to back their decisions and you’re alone.
The reality is that state and federal laws protect you from workplace discrimination, including unlawful retaliation or termination. At the law office of Robert B. Landry III PLC, we provide knowledgeable, aggressive, and effective legal representation to individuals in all aspects of employment law. Attorney Robert B. Landry III is an experienced and top-rated New Orleans employment lawyer who understands your legal problems and can help you seek justice.
Protecting Your Rights and Pursuing Damages
Under Title VII of the Civil Rights Act of 1964 and the Louisiana Employment Discrimination Law (La. R.S. 23:301 et seq.), employees are protected against discrimination on the basis of race, color, religion, sex, or national origin. State law goes a step further and makes it illegal for an employer to discriminate on the basis of age, disability, sickle cell trait, pregnancy, childbirth, and related medical conditions.
Unlike federal law, which covers employers with 15 or more employees (20 or more employees for age discrimination), Louisiana law only applies to employers with 20 or more employees (25 or more employees for pregnancy, childbirth, and related medical conditions).
Louisiana employees who are victims of discrimination may seek compensatory damages under either law or, in some cases, in both state and federal courts. At the law office of Robert B. Landry III PLC, we will help you identify the most appropriate approach for your unique case.
Employment Law Cases We Handle
We handle all aspects of federal and Louisiana employment law. Attorney Landry routinely represents clients in the matters outlined below.
The law offers whistleblower protection for employees who file a complaint, refuse to participate in an illegal employment act, or testify against an employer who violates state or federal laws. If your employer retaliates against you for acting on any of these rights, our law firm can help you file a claim and, if the company violated federal law, sue on behalf of the federal government.
Family and Medical Leave Act Violations
Under the Family and Medical Leave Act (FMLA), employers with 50 or more employees must provide qualified workers with unpaid leave, job protection, and benefits continuation during their time away from work due to a family matter. This includes maternity leave, paternity leave, and serious illness of the employee or a close family member. If your employer has violated the FMLA requirements, let us help.
Unpaid Overtime and Wages
If you are not paid an overtime pay rate and or are not paid minimum wage and you are a non-exempt employee, you may have a claim against your employer. Rob Landry represents employees in overtime and related wage claims such as employer failure to pay minimum wage, off the clock work hours, paying an incorrect regular rate, failure to correctly pay a day rate, misclassification as an independent contractor, and failure to pay wages at the end of employment.
The Fair Labor Standards Act (FLSA) establishes requirements for minimum wage, overtime pay, and recordkeeping. Under the FLSA, if you are a nonexempt employee and you work more than 40 hours in a given workweek, then you are entitled to receive 1.5 times your regular rate of pay for every hour you work 40. If you are not paid minimum wage or overtime pay, and you are a non-exempt employee, you may have a claim against your employer.
The FLSA prohibits employers from retaliating against individuals who make reports (whether internal or external) regarding alleged violations of the statute, including complaints regarding unpaid wages and overtime.
You have the right to your earned wages, to every penny earned. If you believe you are entitled to unpaid wages or overtime, or were not paid for working off the clock work hours, or were misclassified as an independent contractor or if your employer retaliates against you for making a report about these issues, you may have the right to pursue a legal claim. To discuss your questions regarding unpaid wages or overtime, contact Robert B. Landry III today.
Sexual and Gender Harassment and Discrimination
Sexual and gender harassment and discrimination are forms of mistreatment based on an individual’s sex, gender, or sexual orientation. Examples of illegal conduct include:
- Unwelcome verbal and physical conduct of a sexual nature
- Actions or remarks based on a person’s gender, gender identity, or gender expression
- Unfair or unequal treatment due to gender, gender identity, or sexual orientation. It can take many forms, such as denying job opportunities, promotions, or career development opportunities.
If your employer is acting in ways that violate your dignity and right to equal treatment, call our office for a case review.
When an employer treats an employee or job applicant unfavorably because of a disability or perception of a disability, it is considered disability discrimination. This can take many forms, including:
- Failure to provide reasonable accommodations
- Refusal to hire due to a disability
- Unequal pay or benefits
If you feel your employer has violated your rights, speak to a disability discrimination attorney at our firm.
Louisiana state law and the federal Age Discrimination in Employment Act (ADEA) protect workers 40 years of age or older from age discrimination. This includes considering age when hiring, firing, promoting, determining salary, and offering employment benefits like job training and career development. Attorney Landry can help you determine whether or not you may have a valid claim against your employer.
Pregnancy discrimination in the workplace refers to the unfair treatment of employees who are pregnant, have recently given birth, or have a medical condition related to pregnancy. Examples include:
- Refusing to provide reasonable accommodations for pregnant employees
- Firing or demoting a woman because she is pregnant or has given birth
- Treating pregnant employees differently than other employees in terms of job duties, pay, or other employment benefits
Creating a hostile work environment for pregnant employees through harassment, ridicule, or other discriminatory behavior is illegal. If it happens to you, call our office for a no-obligation consultation.
Physician Contracts and Employment Issues
Employment contracts between physicians and employers often include unique elements that require careful drafting and negotiation. By having a well-drafted agreement in place, employers and healthcare professionals can define and understand their responsibilities, compensation, benefits, expectations, and obligations.
Whether you have a new or changed employment contract, Attorney Landry will use his years of experience in employment and contract law to help you negotiate job terms that meet your career and financial goals.
University Disputes and Contracts
Universities and colleges can be politically charged workplaces, with educators facing challenges like improper denial or removal of tenure. Having tenure protects educators from being dismissed without cause; if denied, professors may be forced to make serious career decisions against their will.
Attorney Robert B. Landry III advocates aggressively for educators at Louisiana State University, Southern University, and other regional institutions. If you’re experiencing a tenure issue, contact us today.
As a New Orleans employment lawyer, Attorney Landry also offers legal advice and representation in the following areas:
- Wrongful Termination
- Workplace Retaliation
- Wage and Hour Claims
- ERISA Employee Benefits
- Noncompete and Executive Contracts
- Uniformed Services Employment and Reemployment Rights Act (USERRA) Violations
- Civil Law Mediation
- Unpaid Overtime
How Do I Know if I Have Been Discriminated Against in the Workplace?
Discrimination in the workplace can take many forms, including being passed over for a job or promotion, receiving lower pay or benefits, being subjected to harassment or a hostile work environment, or being terminated or demoted for discriminatory reasons.
If you suspect that you have been discriminated against, it’s important to document any evidence and speak with a New Orleans employment lawyer who can advise you on your rights. Employers are quick to cover their tracks and deny allegations of wrongdoing, and the sooner you get legal advice, the easier it can be to collect the evidence needed to build a solid case.
What Should I Do if I’m Being Harassed at Work?
If you believe that you are being harassed in the workplace, you should first document any evidence of the harassment, such as emails, text messages, or witness statements. You should also report it to your supervisor or human resources department. If your employer does not address the discrimination, you may need to file a complaint with the Equal Employment Opportunity Commission or the Louisiana Commission on Human Rights.
In Louisiana, it is illegal for an employer to retaliate against an employee for reporting workplace discrimination. Retaliation can take many forms, including being fired, demoted, or harassed further. If your employer reacts this way, you may have grounds for a separate legal claim.
If you win a workplace discrimination case in Louisiana, you may be entitled to various damages, including:
- Back pay
- Front pay
- Compensatory damages for emotional distress
- Punitive damages to punish the employer for their discriminatory conduct.
The specific damages available will depend on the facts of your case.
Questions? Meet With the Best Employment Lawyers In Baton Rouge And New Orleans!
Workplace challenges can have a detrimental impact on your professional future. If you’re encountering harassment, discrimination, or problems related to contracts or compensation, don’t leave anything to chance- talk to an experienced Baton Rouge employment law lawyer who can help you negotiate or litigate for the best outcome.
To schedule a consultation with Attorney Robert B. Landry III, call 866-223-7465 or 866-516-7737, or use our online contact form. We look forward to assisting you with your employment law matter in New Orleans.