Both federal and state statutes prohibit discrimination against workers for belonging to or refusing to belong to a labor union.1  Activities that can be characterized as organizing are also protected.

• 129 U.S.C. § 141, et seq.; La. R.S. 23:881, et seq.; La. R.S. 23:981, et seq. (“Right to Work” law).

Employees in unionized workplaces may have rights enforceable under the union’s collective bargaining agreement, which usually specifies that termination must be for cause and provides a process to challenge adverse employment decisions. Such agreements will usually require arbitration of unresolved grievances. Clients may find legal representation through the union or through the private bar. If your client’s complaints include actions by the union as well as the employer, advise them about the union’s duty of fair representation and perhaps refer the client to the National Labor Relations Board to make a complaint.1

• 1See Nat’l Lab. Relations Bd.

In a limited-duration employment contract, the parties agree to be bound for a certain period of time during which neither party may end the relationship without cause and reasonable notice must be given prior to termination.1  These relationships may be found in public as well as private employment. While a contract may be oral or written, any ambiguity will be construed in favor of employment at-will. An unjustly discharged employee may seek recovery of all salaries due for the term’s remainder. An action for discharge has a 10-year prescriptive period.2

• 1La. C.C. arts. 2746–2750.
• 2La. C.C. art. 3499.

The public policy expressed in the “Abuse of Right” doctrine has been very occasionally argued in wrongful discharge cases. It has gained no traction in Louisiana, although conceivably in some highly egregious circumstances it might have a chance. Potential ways to argue this exception include: (1) the exercise of rights exclusively for the purpose of harming another or with the predominant motive to cause harm; (2) exercise of rights without serious or legitimate reasons; (3) the use of the right in violation of moral rules, good faith, or fundamental fairness; or (4) the exercise of the right for a purpose other than that for which it was granted.