As your legal problem-solvers, Business Law Group can help you resolve a broad array of workplace challenges quickly and easily. These include issues regarding hiring, testing, OSHA compliance, FMLA leave management, affirmative action, wage and other pay practices, anti-harassment training, regulatory assistance, and additional labor and employment matters. We also regularly draft and customize Louisiana employment handbooks and training materials.

With our experience and expertise, your company can avoid legal issues — and maximize your operational efficiency, employee well-being and overall business success. Good employment practices are one of the hallmarks of smart legal leverage.

Do We Represent Both Employers and Employees?

We do. Representing both sides gives us particular insight into the motivations of each party and helps us get you a prompt resolution where possible. Employment litigation is a last-resort strategy, and often only advisable when there's no other recourse available for the employee. The best course of action for both the employer and the employee involved in a workplace dispute is to try to amicably resolve the issue — litigation is costly, and the onus is on the employee, not the employer, to prove discrimination when the employer has provided a legitimate reason for termination.

Our ideal employee clients have experienced demonstrable discrimination by their employers, including pay discrimination, severe and pervasive sexual harassment, retaliation, disability discrimination, and age discrimination. They're honest and realistic about the battle before them — and are ready to help move their case toward an acceptable resolution. The types of legal claims we pursue on behalf of employees include:

• Equal pay discrimination
• Gender discrimination (including a hostile work environment, sexual harassment, or pay discrimination)
• Pregnancy discrimination
• Work place harassment
• Unpaid wages and commissions 
• Age discrimination
• Disability discrimination
• Overtime pay
• Retaliation for reporting discrimination
• Retaliation for reporting a violation of Louisiana law (a Louisiana whistleblower claim)

Is Employment Litigation Really an Uphill Battle for Employees?

If you're considering suing your Louisiana employer, understand that the court system here doesn't favor your lawsuit — most courts see these suits as nuisances. Our ideal employee clients understand four harsh realities of employment litigation.

1. You Probably Weren't Treated Illegally — Just Unfairly

The law doesn't require employers to be fair, only to avoid discriminating against a protected category. Proving your employer made a bad call isn't enough — without a valid legal claim, you'll lose, and could even owe legal fees if the court finds the suit frivolous.

2. Litigation Is Long, Drawn-Out, and Expensive

Most courts push toward settlement before trial. Employers get sued often enough to treat it as a cost of doing business — the disruption and stress usually land on you far harder than on them.

3. Your Co-Workers May Not Have Your Back

Once depositions start, people you thought were on your side often aren't — fear of retaliation, loyalty to the company, or simple reluctance to get pulled in can all work against you.

4. Your Own Life May Come Under Scrutiny

An emotional distress claim can open the door to years of your medical, psychiatric, and employment history becoming part of the record.

In our experience, it's not likely an employer will fire you for filing a good-faith lawsuit while still employed, or blacklist you from your industry afterward — retaliation for a good-faith claim is generally illegal. Still, litigation should be a last resort: try your company's grievance procedure, HR, or a negotiated separation package first. If all of that fails and you still believe you were mistreated, we're ready to review your situation and file suit if necessary.

Disability Discrimination

As a qualified employee or job applicant, you deserve to be treated fairly regardless of disability. It is unlawful to be treated unfavorably because of a disability, whether it's a supervisor or a co-worker creating a hostile environment. When it happens, you're entitled to take action — and in some cases, compensation.

At Business Law Group, our disability discrimination lawyer in New Orleans understands the Americans with Disabilities Act (ADA) and will uphold your rights. Contact us at (504) 446-6506 to schedule a consultation.

Rights for Employees with Disabilities

These rights come from the Americans with Disabilities Act (1990) and the ADA Amendments Act (2008), which clarified the scope and definition of disability under the ADA.

What Disability Discrimination Looks Like

What Counts as a Disability?

To be protected under the EEOC and ADA, you must be qualified for the job and have a disability as legally defined — established one of three ways: (1) a physical or mental condition that substantially limits a major life activity, (2) a history or record of such a condition even if you don't have it now (e.g., cancer in remission), or (3) being regarded as having an impairment, whether or not one actually exists or actually limits a major life activity.

Examples of qualifying disabilities include autism, bipolar disorder, blindness, cancer, cerebral palsy, deafness, severe depression, diabetes, epilepsy, HIV infection, loss of limbs, multiple sclerosis, muscular dystrophy, paraplegia, PTSD, quadriplegia, and schizophrenia. Compulsive gambling, kleptomania, pedophilia, substance use disorders stemming from current illegal drug use, and sexual behavior disorders do not qualify as disabilities under the ADA.

What Employers Should Do to Prevent It

If You've Been Discriminated Against

1. Confirm your disability is protected — the legal definition can vary by jurisdiction.
2. Document everything — dates, times, witnesses, and how the employer responded to any request or complaint.
3. Report it internally to a manager, supervisor, or HR.
4. File an EEOC complaint if the response is inadequate — generally within 180 days of the last incident (up to 300 in some cases).
5. Contact an employment law attorney to guide you through the process.

Age Discrimination

America's workforce is aging, and age discrimination has risen right along with it — employers have shown bias against workers 40 and older. Federal law (and most states) prohibit it, but proving it can be difficult.

At Business Law Group, our employment law attorney in New Orleans is dedicated to helping clients who've experienced age discrimination through fact-finding, discovery, strategic pleadings, and negotiation. Contact us at (504) 446-6506 to schedule a consultation.

Who's Covered

The Age Discrimination in Employment Act (ADEA) protects workers 40 and older — the age of whoever's doing the discriminating doesn't matter. Most employers are covered, including companies with 20+ employees, employment agencies, labor organizations, and local, state, and federal government employers. ADEA doesn't protect workers under 40, though some states have their own laws that do.

What It Looks Like

Proving It

A prima facie case generally requires showing you're 40+, performing satisfactorily, hit with an adverse action, and passed over in favor of a substantially younger employee treated better. Even then, you still have to show the employer's stated reason is pretext for age bias — these claims typically require real discovery and witness testimony.

What Employers Should Do to Prevent It

Train every employee — including leadership — on what age discrimination looks like. Base rewards on measurable performance rather than arbitrary judgment calls. And put written policies in place covering every stage of employment, such as removing birth dates from documents where they're not required, applying standards evenly, keeping age out of layoff decisions, running annual training, protecting employees who report discrimination from retaliation, and building mentorship programs across age groups.

If You've Been Discriminated Against

1. Keep a detailed log — dates, times, locations, names of the person responsible and any witnesses.
2. Talk to your manager or supervisor.
3. If that doesn't work, report it to HR.
4. Contact an attorney who handles age discrimination cases — you'll need to file with the EEOC before any lawsuit.

Ready to talk to someone? Complete our employee intake form and we'll follow up.

Employee FAQ

Employees have rights — and responsibilities. If yours have been violated, understanding whether you actually have a claim (and not letting fear for your job stop you from asking) is the first step. Contact us at (504) 446-6506 to find out where you stand.

Do employees have rights in the workplace?

Yes — freedom from discrimination or harassment based on race, religion, national origin, age, disability, color, sex, or genetic information, plus rights to minimum wage, overtime, and proper job classification. Under OSHA, you're also entitled to a safe workplace, free protective equipment where appropriate, hazard information, relevant training, and the right to request an OSHA inspection.

Am I an at-will employee?

Louisiana is an at-will state — you (or your employer) can end the relationship for any reason, or no reason, unless that reason is unlawful (discrimination, retaliation for whistleblowing, etc.). A signed employment contract with a stated term generally takes you out of at-will status.

Can my employer fire me for any reason?

If you're at-will, generally yes — except for unlawful reasons like race, sex, religion, or disability. If you signed a contract, termination is governed by its terms instead.

How do I know if I have a wrongful termination claim?

Wrongful termination means the employer did something unlawful — not just unfair. Being fired for being pregnant, over 40, disabled, or a member of another protected class may qualify. Being fired over a personality conflict, favoritism, or an off-color social media post generally doesn't.

Do I have to work overtime?

Generally yes — the Fair Labor Standards Act allows mandatory overtime, and there's no cap on weekly hours for employees 16 and older. Your employer must pay at least 1.5x your regular rate for those hours.

Can I take a rest or meal break?

The FLSA doesn't require them — it depends on state law. Meal breaks over 30 minutes are typically unpaid; rest breaks under 20 minutes are typically paid.

Do I get job-protected leave to care for a sick family member?

The FMLA can provide up to 12 weeks of unpaid, job-protected leave, but only if you've worked for your employer at least 12 months and your employer has 50 or more employees, among other requirements.

My employer is withholding my last paycheck — what now?

You're owed full payment for time worked (and in some cases accrued vacation). Timing rules vary by state, but a month is too long anywhere. Contact your state or federal labor department, or an attorney.

I complained about discrimination and got retaliated against — what can I do?

Retaliation for a good-faith discrimination complaint is illegal, though your employer can still discipline or terminate you for unrelated reasons. Start with a supervisor or HR; if that doesn't resolve it, escalate to your state's fair employment agency or the EEOC.

What is a whistleblower claim?

A formal complaint reporting fraud or misconduct at your workplace. Federal and state laws protect whistleblowers from retaliation like firing or transfer for reporting in good faith.

What should an employer never say to an employee?

Comments tied to a protected category — race, sex, age, disability, religion, national origin, or pregnancy — are the ones that create real legal exposure, especially when they connect directly to a hiring, firing, pay, or promotion decision. A single tasteless comment rarely creates a claim on its own, but a pattern of comments, or one made alongside an adverse action, is worth documenting.

Can I be fired without a written warning?

Generally, yes. Louisiana is an at-will state, and unless you have a signed contract stating otherwise, your employer isn't required to give you a written warning, a verbal warning, or any advance notice before termination — as long as the actual reason for firing you isn't unlawful.

What are examples of unfair treatment at work?

Being passed over for a promotion in favor of a less qualified coworker, inconsistent enforcement of policies, favoritism, or a difficult manager can all feel unfair — but "unfair" isn't the same as "illegal." Unfair treatment becomes a legal claim only when it's based on a protected characteristic like race, sex, age, disability, or religion, or is retaliation for a protected activity like reporting discrimination.

What are valid reasons to sue an employer?

Valid claims generally involve discrimination or harassment based on a protected category, retaliation for reporting discrimination or a legal violation, unpaid wages or overtime, unlawful termination in violation of a contract, or FMLA/ADA violations. Being treated poorly, disagreeing with a business decision, or losing a job for a legitimate, non-discriminatory reason typically isn't enough on its own.

Employer FAQ

Employers have rights too, not just responsibilities — and understanding both keeps your business out of avoidable trouble. Contact us at (504) 446-6506 to get ahead of an issue before it becomes a lawsuit.

What rights do employers have?

Generally: defining job roles and hiring criteria, setting suitability standards and company culture, establishing policies and procedures, requiring overtime, setting pay scales, and monitoring employee performance, equipment use, and social media use that violates company policy.

Can I fire an at-will employee?

Yes, for any reason or none at all, without legal liability — as long as the reason isn't unlawful discrimination or retaliation.

Can I require mandatory overtime?

Yes, as long as you pay it correctly under state and federal law.

Can I set behavior and performance policies?

Yes — dress codes, grooming standards, cell phone and social media restrictions on the clock are all fair game, as long as they're accessible to everyone and enforced evenly, not selectively.

Can I monitor employees' use of office equipment?

In most states, yes, if you're the one providing the equipment — including texts, calls, computer use, and site restrictions. Rules vary by state, so get counsel before rolling out a monitoring policy.

Can I monitor an employee's social media?

You can generally enforce a policy against social media use on company time or equipment, and can typically terminate at-will employees who violate it. Monitoring what employees post off the clock is a much more contested area — get legal advice before going there.

What Employers Are Responsible For