Legal Question in Civil Litigation in Louisiana

I am a contract employee that recently quit. I have submitted my Feb. billable time. Also, there is a dispute about unpaid wages for 1 1/2 years that I worked for nothing. This was when I first started working for this company 6 years ago and was promised to be overcompensated in the future to make up for not being paid. Well overcompensation never happened. I have sent several emails to the employer. He is not responding to my requests for payment for either obligations. He states that the second obliation was an "investment" that did not pay off. I am ready to write a letter of notice of intent to sue. Do I need to reference Louisiana labor law violation or oral contract laws in the letter? How would you proceed with this situation?


Asked on 3/13/11, 9:58 pm

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

First there is a 3 year prescription period on monies owed in Louisiana. The Louisiana Legislature website provides access to the Louisiana Civil Code. Oral contracts are enforceable but you will have the burden of proving the existence of the contract, its terms and the manner it was breached. Wages are owed within 3 days of termination but contractors are treated differently. You will need to submit copies of evidence showing the work done, time accrued, expenses, etc., with a demand for payment within 5-10 days or you will file suit. Send it by certified mail, return receipt requested- so you will have evidence of service.

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Answered on 3/14/11, 7:05 am


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