Legal Question in Employment Law in Louisiana

Re: employment

Dear Friend,

First of all, I assume you are located in Louisiana, and that this is a Louisiana employer.

Secondly, if you have a written employment contract, a lot of the answer to your question will be found there, in the words of the contract.

Thirdly, assuning no written nor recorded employment contract existed, but an "at-will" employment relationship existed, I do not think the employer has a right to withhold your check. Louisiana has a law that allows the employer only a short period of time--about three days, counted in hours: 72--to pay you off once you are no longer employed there; failing which, your wages continue to accumulate for up to ninety (90) days; plus you are entitled to attorney fees should you have to employe an attorney to collect them. I believe you will find that statute in Title 23 of the LOUISIANA REVISED STATUTES, which you can access by GOGGLING the Louisiana Legislature's web-site, clicking on "Louisiana Laws", then on "Revised Statutes", etc. Whether or not you are entitled to use the information stored within the heart of the computer, I would not suggest you do it, at least for a while. I do not necessarily agree that such information is "property" of the employer; although I am not an expert on computer law. I have not heard of a Louisiana law that provides that electronic impulses (whatever these electronic impluses are correctly called) are considered a typeof property. Of course, so-called "intellectual property" is a new field of law, or a relatively new field of law. Your problem is a complicated one, but I think the employer must pay you; and I do not think you have to sign anything to get your money. You must, however, demand your wages in writing and furnish a valid address where the wages are to be sent and paid to you. Then the employer has only 72 hours within which to pay you, failing which, your wages continue to accumulate for up to 90 days. Therefore, until some other lawyer jumps in and provides you better information, if it exists, then this is the best lawyer answer you have. Thanks for asking! Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

[email protected]