Labor and Employment Law

Labor and Employment Law

There are few things worse than facing on-the-job discrimination or finding yourself suddenly fired when you believe you have done nothing wrong. At the Smith Law Firm, we know that workplace discrimination, harassment, and retaliation can be devastating. We have the experience and dedication to right these injustices. Our attorneys have a passion for getting our clients what they deserve, and we can help you, too. We have handled a large number of labor and employment cases, including cases of disability discrimination, retaliation, sexual harassment, race discrimination, and more.

Our firm works with individuals in Baton Rouge, Louisiana, and the surrounding state and has more than 50 years of experience standing up for workers across the Bayou State and the country.

When you contact the Smith Law Firm, we will help you make sense of your legal options and move forward to positive solutions. If you have been fired for blowing the proverbial whistle or have faced discrimination, harassment, or retaliation, we may be able to help you get reinstated in your position and pursue compensation and back pay.

In addition to individual employment matters, we also represent unions and small businesses in selected labor and employment matters.

Protecting Your Employee Rights–the Smith Law Firm

Employees in Louisiana are protected by both state and federal laws. Though Louisiana is an “at will” employment state, meaning that employees may be terminated for any reason, that does not mean that discriminatory, retaliatory, or otherwise unlawful employment actions are permissible.

Laws and agencies that protect employees from adverse employment practices include:

  • Title VII of the Civil Rights Act of 1964:
    Employers may not make job decisions based on race, color, disability, sexual orientation, religion, sex, or national origin, and may not retaliate against employees for opposing, or participating in an investigation of such discrimination.
  • Equal Employment Opportunity Commission:
    The EEOC enforces The Civil Rights Act, Pregnancy Discrimination Act, Equal Pay Act (EPA), The Age Discrimination in Employment Act of 1967 (ADEA), Americans with Disabilities Act of 1990 (ADA), etc.
  • Fair Labor and Standards Act:
    The federal law that governs pay standards in every state, including minimum wage, overtime pay, wage and hour rules, etc.
  • Family Medical Leave Act (FMLA):
    Employers with 50 employees or more must provide qualifying employees up to 12 weeks of unpaid time off per year for childbirth, adoption, illness, or caregiving.
  • Louisiana Commission on Human Rights:
    The LCHR handles complaints of employment discrimination based on race, color, national origin, religion, sex, disability, age, sickle cell trait, pregnancy, childbirth, and related medical conditions.

In addition, Louisiana has various whistleblower statutes that protect employees against retaliation or termination for reporting violations of state law and other improper activities. There are also numerous federal statutes that protect whistleblowers as well. These laws are designed to discourage employers from punishing employees for doing the right thing. This is important for our clients facing retaliation by their employers to remember. If you have reported improper activities or violations of law by your employer and think you are being punished for it, we encourage you to contact us to speak with one of our experienced attorneys. We will evaluate your options for addressing unlawful retaliation and do our best to help you.

Seek Compensation When Your Employee and Labor Rights Have Been Infringed

In Louisiana, employees who are victims of workplace discrimination may seek compensatory damages under state or federal law, and in some cases, both. However, knowing how to file is complicated and requires the assistance of an experienced labor and employment law attorney.

At the Smith Law Firm, we represent clients in all aspects of employment law, including:

  • Discrimination
  • Wage/ Hour Violations
  • Leave Disputes
  • Disability Benefits
  • Wrongful Termination
  • Whistleblowers/Retaliation
  • Contract Disputes
  • OSHA Protections
  • Sexual Harassment
  • Unemployment Insurance
  • Hostile Work Environment Disputes
  • Civil Service (State and Federal)
  • Retirement Benefit Disputes
  • USERRA Matters

If you have an employment or labor dispute, you need to contact the Smith Law Firm.

Meet with the Smith Law Firm Today

Filing an employment or labor law dispute requires adhering to strict deadlines, regardless of whether you are filing under state or federal law. At the Smith Law Firm, we know the legal system inside and out and will fight vigorously on your behalf.

Call us at 225-383-7716 to speak with an employment attorney today.

Representative Cases

Hebert v. Ascension Parish School Board, United States District Court for the Middle District of Louisiana,

Aug. 20, 2019, 396 F. Supp. 3d 686 (ADA)

Brown v. La. Lottery Corp., United States District Court for the Middle District of Louisiana,

Nov. 1, 2002, 240 F. Supp. 2d 590 (sexual harassment)

Townsend v. Town of Brusly, United States District Court for the Middle District of Louisiana,

Nov. 8, 2019, 421 F. Supp. 3d 352 (prepare discovery)

Moody v. Callon Petroleum Operating Co., United States District Court for the Eastern District of Louisiana,

Feb. 11, 1999, 37 F. Supp. 2d 805

Bass v. International Brotherhood of Boilermakers, United States Court of Appeals for the Fifth Circuit,

Nov. 17, 1980, 630 F. 2d 1058

Hammons v. Adams, United States Court of Appeals for the Fifth Circuit,

Feb. 26, 1986, 783 F.2d 597

Kling v. Louisiana Department of Revenue, Court of Appeal of Louisiana, First Circuit,

Jul. 18, 2019, 281 So. 3d 696 (retaliation)

Aswell v. Div. of Admin., Court of Appeal of Louisiana, First Circuit,

Jun. 3, 2016, 196 So. 3d 90 (public records act)

Barringer v. Robertson, Court of Appeal of Louisiana, First Circuit,

Dec. 2, 2015, 216 So. 3d 919 (harassment)

Barringer v. Robertson, Court of Appeal of Louisiana, First Circuit,

Oct. 31, 2008, 994 So. 2d 156 (harassment)

Lewnau v. Board of Supervisors of Southern State University, Court of Appeal of Louisiana, First Circuit,

Jan. 9, 2020, 295 So. 3d 419 (open meetings)

Bell v. Baird, Court of Appeal Louisiana, First Circuit,

Mar. 2, 1981, 395 So. 2d 1388 (health insurance)

Bell v. Baird, Court of Appeal Louisiana, First Circuit,

Apr. 5, 1983, 431 So. 2d 27 (health insurance)

Bernard v. Pike Burden, Inc., Court of Appeal of Louisiana, First Circuit,

Jun. 29, 1981, 401 So. 2d 1218

Callihan v. Gulf Coast Marines, Court of Appeal of Louisiana, First Circuit,

May 15, 1998, 714 So. 2d 199 (workers compensation)

Carter v. Carter, Court of Appeal of Louisiana, First Circuit,

Jun. 30, 1975, 316 So. 2d 829

Deshotels v. White, Court of Appeal of Louisiana, First Circuit,

Aug. 16, 2017, 226, So. 3d 1211 (public records)

Gobert v. S.W.D.I., L.L.L., Court of Appeal of Louisiana, First Circuit,

May 5, 2009, 2008 1598 (La.App. 1 Cir. 05/05/09) (workers compensation)

Hammons v. ABB C-E Servs., Court of Appeal of Louisiana, First Circuit,

Oct. 6, 1995, 671 So. 2d 370 (workers compensation)

Hammons v. ABB C-E Servs., Court of Appeal of Louisiana, First Circuit,

Mar. 29, 2006, 2005 0807 (La.App. 1 Cir. 03/29/06) (workers compensation)

Perry v. Commercial Union Ins. Co., Court of Appeal of Louisiana, First Circuit,

Oct. 11, 1989, 551 So. 2d 693 (workers compensation)

Richard v. Board of Supervisors, Court of Appeal of Louisiana, First Circuit,

mar. 28, 2007, 2006 0927 (La.App 1 Cir. 03/28/07) (retaliation)

Sharp v. Stokes Towing Co., United States District Court for the Northern District of Mississippi, Greenville Division,

Jan. 12, 1998, 989 F. Supp. 791

Smith v. Board of Trustees, Supreme Court of Louisiana,

May 18, 1981, 398 So. 2d 1045 (disability benefits)

Spears v. La. Department of Public Safety and Corrections, United States District Court for the Middle District of Louisiana,

mar. 7, 2014, 2 F. Supp. 3d 873 (FMLA)

State, Department of Transportation & Dev. V. Richardson, Court of Appeal of Louisiana, First Circuit,

May 15, 1984, 453 So. 2d 572

Varnado v. Department of Empl. & Training, Office of Workers’ Compensation, Court of Appeal of Louisiana, First Circuit,

Jun. 28, 1996, 687 So. 2d 1013 (retaliation)

Williams v. Capital Steel, Court of Appeal of Louisiana, First Circuit,

Oct. 7, 1994, 93-2154 (La. App. 1 Cir. 10/7/94) (workers compensation)

Hebert v. Ascension Parish School Board, United States District Court for the Middle District of Louisiana,

Aug. 20, 02019, 396 F. Supp. 3d 686 (ADA)

Kling v. Dep't of Revenue (La. App. 1 Cir. 2013) (freedom of speech and retaliation)

Employment Law Firm

Employment Law Firm