Legal Question in Employment Law in Louisiana

Re: pay withheld after termination

Your pay should have been given to you within 3 days of your termination or on the next regular pay day. You MUST MAKE DEMAND on your employer for that pay. Then if not given to you within 3 days of demand, he becomes liable for your attorney's fees if you hire one to collect. He also becomes exposed to penalty wages of 1 day's wage for each day he wrongfully withholds your pay. To prove DEMAND, you should immediately send a demand by certified mail, or hand deliver the demand and get someone with his office to sign as accepting it. THE LAW PROHIBITS WITHHOLDING YOUR PAY, EVEN IF YOU HAVE STOLEN MONEY FROM YOUR BOSS. You need to hire an attorney to face the possible criminal charges. Not cooperating could work against you. You should have already filed for unemployment also.

Re: pay withheld after termination

Louisiana's Wage Payment Law provides that an employer must pay you within 15 days of your termination, or before the next regular payday, whichever is first. While your employer can't refuse to pay your wages, he can assert what's called a "set-off" against any money he believe you owe him. He would have to prove this, of course, but he is allowed to do that. And while you would be eligible for penalty wages if your employer continues to refuse to pay your wages, the question of whether you owe your employer money (for the alleged theft) could be used as a defense to the imposition of penalty wages. Orally requesting your paycheck is sufficient to constitute "demand" for your wages. If you truly believe you are owed the wages and did not steal anything from your employer, then you should consult with an attorney. Filing suit is probably the only way to get the wages you are owed. And if you recover any wages, the Court will award you attorney's fees as well.