Legal Question in Employment Law in Louisiana
Hello...I am a paralegal in Louisiana. A friend of mine has been working in a store for over 20 years and has recieved paid vacation time for 16 of those years. Recently when she went to ask her boss for payment of accured vacation time, she was told (in a harsh tone) that the paid vaction policy was no longer valid and that she was just out of luck.
Can she have an attorney write her employer a letter of intent ( Stating the legalities )? Isn't it illegal to fire someone for asking what they are legally entitled to? Is she in fact entitled to her vacation pay? She does not have anything in writing, but has been recieving the vacation pay for the last 16 years.
Can a paralegal compose the letter of intent before she sees an attorney?
Thanks for your time and attention.
Best,
Cynthia Chen
New Orleans, LA.
1 Answer from Attorneys
You need to provide more information for me to be able to help. First, it is unclear if your friend is still employed. If yes, wage payment statute does not apply. If not, the answer to whether she is entitled to payment depends on the employer's policy - whether it be written or by course of conduct. If it is "earned," it is payable upon termination or resignation.