Human Resource Blog

Louisiana Employment at Will

What is “employment at will” in Louisiana?

There are a few things to keep in mind before we answer your questions.

First, smart resource managers understand that firing a worker without cause or warning may damage morale and cut productivity.

Second, no policy, including “employment at will,” gives an employer the right to practice discrimination in firing. Federal law prohibits firing due to race, sex, religion, color, national origin, age, or disability.

With those cautions out of the way, here’s the answer to your question.

“Employment at will” is a common legal concept that allows employers to fire a worker at any time, for any reason or for no reason whatsoever. The concept also allows employees to quit at any time, for any or no reason. It applies in the absence of a contract.

It is a useful doctrine as a last resort, when dealing with an incorrigible or troublemaking employee.There are limits on the “employment at will” doctrine, however.

Any written agreement with an employee, including a union contract, can limit the policy. And in 38 states, verbal promises trump the “employment at will” concept. In short, if a supervisor says to a newly hired worker, “we would never hire you without a reason,” that takes legal priority over “employment at will.”

The handbooks of many firms include a statement such as “Nothing in this handbook shall be considered as an implied or expressed contract to limit the employment at will doctrine,” thereby preserving the concept.

Employees are expected to sign it. They have the right not to do so, but employers have the right not to hire them if they refuse to do so.

Most employees realize they have the right to quit at any time, for any or no reason, even though two weeks’ notice is customary. They are often surprised, however, that employers have the same right to end the arrangement without cause.

Most states have limited the “employment at will” concept substantially. And 11 have eliminated it altogether. They are Montana, Nevada, Utah, Wyoming, Massachusetts, Idaho, Delaware, California, Arizona, Alaska, and Alabama. JH