Legal Question in Employment Law in Louisiana
Attendance Award
The company I worked for until 3/14/2006 gives Perfect Attendance awards to those who work from 1/1 to 12/31. The amount increases by $100.00 per year up to five years without missing work. Last year made four years for me, but when I resigned on 3/14/2006 HR told me that I would not receive my award, because I resigned before the checks were mailed. I was also told that a new policy was put in place in 2006 that if you resigned you were not eligible for the award that was earned in 2005. Is it possible to hold back awards that were earned in 2005? This award is given in Gift Certificates.
2 Answers from Attorneys
Re: Attendance Award
Dear LawGuru Friend,
You have earned the award. Make them pay you! Might not be so easy to do, however, since they have the check book. That is what lawyers are for, however. Only problem is that if you are the only one they have cheated, a lawyer could harldy make any money off of the case suing for $100.00, or even $500.00. Why don't you let some of us know what company it is that did that, and we can boycot them; and in due course, "justice" will be done. It's dirty what they have done to you. Good luck! There is more to it all than this, but this is something to think about.
Sincerely,
Hardy Parkerson, Atty.
Lake Charles, LA
Re: Attendance Award
IF you did in fact "earn" the bonus (which is essentially what we are talking about here) then it must be paid by your employer. And although it is only a small amount of money, a lawyer can and will take your case because pursuant to La. R.S. 23:631, when an employer refuses to pay all earned wages after resignation, an employee can not only sue for the wages not paid, but also penalty wages (equal to up to 90 days of your average daily rate of pay) and attorney's fees. From what you've said, it sounds like you have a good case - you should contact a lawyer.
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