Louisiana
Louisiana At-Will Employment Laws: Exceptions and Your Rights
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 7 primary sources cited on this page. How we verify our legal content

Louisiana is an at-will employment state, meaning an employer may terminate an employee at any time, for any reason or no reason at all, under Louisiana Civil Code article 2747. As a civil-law jurisdiction, Louisiana's at-will rule is codified by statute rather than inherited from common-law tradition, which distinguishes it from every other U.S. state.
Is Louisiana an at-will employment state?
Yes. Louisiana is an at-will employment state, and its rule is unique in the United States: the default is written directly into the Louisiana Civil Code. Article 2747 provides that a man is at liberty to dismiss a hired servant attached to his person or family, and that servant is equally free to depart whenever he thinks proper. Modern courts apply that provision to the full employment relationship, meaning an employer can end employment at any time, for any lawful reason or no reason at all, and an employee has the same freedom to resign. Because Louisiana follows civil law rather than the common-law tradition of the other 49 states and DC, its at-will doctrine is statutory from the start. Exceptions exist, but they are narrower here than in most states.
Exceptions to at-will employment in Louisiana
Louisiana's civil-law foundation shapes how courts treat the three common-law exceptions recognized elsewhere in the country. Each exception is discussed below.

Public-policy exception (statutory-only, not a broad tort)
Louisiana does not recognize a broad common-law wrongful-discharge tort based on public policy. The Louisiana Supreme Court made this clear in Quebedeaux v. Dow Chemical Co., 820 So.2d 542 (La. 2002), holding that a plaintiff cannot bring a free-standing tort claim for discharge in violation of public policy. Instead, a fired employee in Louisiana must point to a specific statute that creates a private cause of action for retaliatory discharge. Two key examples: La. R.S. 23:967 protects employees who report actual violations of state law from retaliation, and La. R.S. 23:1361 prohibits employers from retaliating against an employee for filing a workers' compensation claim. If no specific statute covers the situation, the public-policy exception is unavailable in Louisiana. This is a significant limitation compared to the roughly 43 states that recognize the exception more broadly.
Implied-contract exception (not broadly recognized)
Louisiana also does not broadly recognize the implied-contract exception to at-will employment. Under Civil Code art. 2747, a hiring without a fixed term is presumed to be at-will. Courts have consistently held that employee handbooks, policy manuals, and informal assurances do not convert an at-will relationship into one requiring cause for discharge unless the parties execute a written, fixed-term contract. Employees who rely on handbook language promising progressive discipline or similar procedures generally cannot enforce those promises as contracts in Louisiana. If your offer letter or employment agreement specifies a definite term of employment, that agreement controls, but absent such a term the at-will rule applies.
Covenant of good faith and fair dealing exception (not recognized)
Louisiana does not recognize a covenant of good faith and fair dealing in employment as a separate basis for wrongful-discharge liability. This exception is acknowledged in only about 11 states nationally, and Louisiana is not among them. An employer can terminate employment for bad reasons (other than an illegal reason) without incurring liability on a good-faith theory.
Is Louisiana a right-to-work state?
Yes. Louisiana is one of the 26 right-to-work states as of 2026, following Michigan's repeal of its right-to-work law effective February 13, 2024 (2023 PA 8). Louisiana's right-to-work protection is codified at La. R.S. 23:981 et seq. Unlike a handful of states that have enshrined right-to-work in their state constitutions, Louisiana's protection is statutory. Under these provisions, no employer, labor organization, or person may require any individual to join a union, maintain union membership, or pay union dues or fees as a condition of obtaining or continuing employment.
It is important to understand what right-to-work does and does not mean. Right-to-work is about union membership and dues, not about termination rights. A right-to-work law does not give employees any additional protection from being fired. Conversely, the at-will rule is about the employer's freedom to discharge, not about unions. The two concepts operate on different tracks, and neither limits the other.
What at-will employment does not allow in Louisiana
At-will employment is broad, but it is not unlimited. Louisiana law and federal law together prohibit a number of termination decisions regardless of the at-will default.

Federal law sets the floor for every employee in every state. Title VII of the Civil Rights Act prohibits discharge based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA) protects qualified individuals with disabilities. The Age Discrimination in Employment Act (ADEA) covers workers 40 and older. The Genetic Information Nondiscrimination Act (GINA), the Pregnant Workers Fairness Act (PWFA), and the Equal Pay Act add further protections. Retaliation is also federally prohibited: employers may not fire an employee for filing an EEOC charge, taking FMLA leave, making a wage complaint under the FLSA, engaging in NLRA-protected concerted activity, reporting safety violations under OSHA, or serving in the military under USERRA.
At the state level, Louisiana's Employment Discrimination Law (La. R.S. 23:301 et seq.) independently prohibits employment discrimination based on race, color, religion, sex, national origin, disability, and age (40 and older) for employers with 20 or more employees. La. R.S. 23:967 bars retaliation against employees who report actual violations of state law to the employer or a supervisor in good faith. La. R.S. 23:1361 protects employees from retaliation for filing a workers' compensation claim. These statutory protections exist on top of the federal floor, and a discharged employee in Louisiana may have claims under both layers.
If you were fired in Louisiana
At-will employment means your employer did not need a reason to let you go, and in most situations no reason is required. But no reason is not the same as any reason: if the termination was motivated by a protected characteristic or constituted retaliation for a protected activity, the discharge was illegal even in an at-will state.

The first step after termination is documentation. Write down everything you remember about what was said, who was present, and what preceded the firing. Gather any written communications, performance reviews, or policy documents while you still have access to them. Consider whether any of the following may apply: a statutory exception under La. R.S. 23:967 or 23:1361, a fixed-term employment contract, a federal anti-discrimination claim, or a state Employment Discrimination Law claim.
Deadlines are short. Charges filed with the Equal Employment Opportunity Commission (EEOC) and the Louisiana Commission on Human Rights generally must be filed within 300 days of the discriminatory act in Louisiana. Missing that window can permanently bar certain claims. Consulting a licensed employment attorney in Louisiana promptly after termination is the best way to identify which protections may apply to your situation and to preserve your options.
This article is general legal information, not legal advice. Employment law varies by state and changes frequently, and it is not a substitute for advice about a specific termination. For guidance on your situation, consult a licensed employment attorney in Louisiana.
For a complete map of every state's rules, see At-Will Employment by State. For federal and state protections when you speak up at work, see whistleblower protections.
More Louisiana Laws
Frequently Asked Questions
Is Louisiana an at-will state?
Yes. Louisiana is an at-will employment state under Civil Code art. 2747, which codifies the rule directly in the civil code rather than deriving it from common-law precedent. Employers may terminate employees at any time without cause unless a specific statute or contract says otherwise.
Can I be fired for no reason in Louisiana?
Yes, under the at-will default. An employer in Louisiana does not need to give a reason for termination. However, a termination is still unlawful if it is motivated by a protected characteristic (race, sex, disability, age, etc.) or constitutes retaliation for a protected activity such as filing a workers' comp claim (La. R.S. 23:1361) or reporting illegal conduct (La. R.S. 23:967).
Is Louisiana a right-to-work state?
Yes. Louisiana has statutory right-to-work protection under La. R.S. 23:981 et seq. No employee can be required to join a union or pay dues as a condition of employment. Right-to-work is separate from at-will employment and does not affect termination rights.
Can my employer fire me for filing a workers' comp claim in Louisiana?
No. La. R.S. 23:1361 specifically prohibits employers from retaliating against an employee for asserting a claim for workers' compensation benefits. This is one of Louisiana's statutory exceptions to at-will employment.
Does an employee handbook protect me in Louisiana?
Generally no. Louisiana courts do not treat employee handbooks as binding contracts absent a fixed-term employment agreement. Without a written contract specifying a term of employment, the at-will rule under Civil Code art. 2747 controls, and handbook promises of progressive discipline are typically unenforceable.
Can I be fired for reporting my employer's illegal activity in Louisiana?
Not if you qualify under La. R.S. 23:967, which protects employees who report actual violations of state law to the employer or a supervisor in good faith, or who refuse to participate in illegal activity. Federal whistleblower protections under OSHA and other statutes may also apply. See our guide to whistleblower protections for more detail.
What makes Louisiana different from other at-will states?
Louisiana is a civil-law jurisdiction, meaning its at-will rule is codified in Civil Code art. 2747 rather than developed through common-law court decisions. One consequence is that Louisiana does not recognize a broad common-law public-policy wrongful-discharge tort; exceptions exist only where a specific statute creates them (Quebedeaux v. Dow Chemical, 820 So.2d 542 (La. 2002)).
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the FAQ answer describing La. R.S. 23:1361's protected conduct: the statute (and Louisiana appellate case law construing it) protects an employee against retaliation for asserting a workers' compensation claim, not for 'testifying in a workers' comp proceeding' -- that second category was an unsupported embellishment not found in the statute's text.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Louisiana Civil Code
§ 2747Contract of servant terminable at will of partiesIn forcecited in 2 of our articles
A man is at liberty to dismiss a hired servant attached to his person or family, without assigning any reason for so doing. The servant is also free to depart without assigning any cause.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 32 court opinionsMost recently applied by a court: 2025
Leading cases:
- Moore v. McDermott, Inc. (Supreme Court of Louisiana 1986, 494 So. 2d 1159)“…on November 22, 1982, as directed, defendant suggests that La.Civ.Code art. 2747, the "employment at will" provision of…”
- Reyes-Silva v. Drillchem Drilling Solutions, LLC (Louisiana Court of Appeal 2011, 10 La.App. 3 Cir. 1017)“…e provides for employment which is terminable at will under La.Civ.Code art. 2747, and it provides for employment of limi…”
- Favrot v. Favrot (Louisiana Court of Appeal 2011, 2010 La.App. 4 Cir. 0986)“…at “since she was not yet an employee, the at will article [La. Civil Code art. 2747] should not apply to her.” Bains, 06-…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Louisiana Revised Statutes
§ 23:1361Unlawful discrimination prohibitedIn forcecited in 4 of our articles
A. No person, firm or corporation shall refuse to employ any applicant for employment because of such applicant having asserted a claim for workers' compensation benefits under the provisions of this Chapter or under the law of any state or of the United States. Nothing in this Section shall require a person to employ an applicant who does not meet the qualifications of the position sought. B. No person shall discharge an employee from employment because of said employee having asserted a claim for benefits under the provisions of this Chapter or under the law of any state or of the United States. Nothing in this Chapter shall prohibit an employer from discharging an employee who because of injury can no longer perform the duties of his employment. C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 67 court opinionsMost recently applied by a court: 2025
Leading cases:
- Ducote v. JA Jones Const. Co. (Supreme Court of Louisiana 1985, 471 So. 2d 704)“…of safety rules. Plaintiff then filed this suit pursuant to La.R.S. 23:1361 alleging unlawful discrimination for be…”
- Craig v. Bantek West, Inc. (Louisiana Court of Appeal 2004, 2003 La.App. 1 Cir. 2757)“…mployee's suit in district court against her employer under La. R.S. 23:1361 for penalties resulting from her allege…”
- Bailey v. Martin Brower Co. (Louisiana Court of Appeal 1995, 658 So. 2d 1299)“…a claim for worker's compensation benefits, in violation of La.R.S. 23:1361 B. After a thorough review of the recor…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Whistleblower Laws: Protections and How to Report
§ 23:301Short titleIn forcecited in 2 of our articles
This Chapter shall be known and may be cited as the "Louisiana Employment Discrimination Law".
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 139 court opinionsMost recently applied by a court: 2026
Leading cases:
- Brittain v. Family Care Services, Inc. (Louisiana Court of Appeal 2001, 801 So. 2d 457)“…tain has alleged a cause of action under Title VII [1] and La. R.S. 23:301, et seq. [2] The Louisiana jurispruden…”
- Rambo v. WILLIS-KNIGHTON MED. CENTER (Louisiana Court of Appeal 2001, 793 So. 2d 254)“…ception of No Cause of Action as to Ms. Rambo's claim under La. R.S. 23:301-303, the Louisiana Employment Discrimin…”
- Dejoie v. Medley (Supreme Court of Louisiana 2009, 9 So. 3d 826)“…es of the Louisiana Employment Discrimination Law ("LEDL"), La. R.S. 23:301, et seq. La. R.S. 23:303 gives a plai…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 23:967Employee protection from reprisal; prohibited practices; remediesIn forcecited in 8 of our articles
A. An employer shall not take reprisal against an employee who in good faith, and after advising the employer of the violation of law: (1) Discloses or threatens to disclose a workplace act or practice that is in violation of state law. (2) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of law. (3) Objects to or refuses to participate in an employment act or practice that is in violation of law. B. An employee may commence a civil action in a district court where the violation occurred against any employer who engages in a practice prohibited by Subsection A of this Section. If the court finds the provisions of Subsection A of this Section have been violated, the plaintiff may recover from the employer damages, reasonable attorney fees, and court costs. C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 134 court opinionsMost recently applied by a court: 2026
Leading cases:
- Hale v. Touro Infirmary (Louisiana Court of Appeal 2004, 886 So. 2d 1210)“…ntends that Touro terminated her employment in violation of La. R.S. 23:967, Louisiana's "whistleblower statute" (h…”
- Accardo v. LOUISIANA HEALTH SERV. & INDEM. (Louisiana Court of Appeal 2006, 2005 La.App. 1 Cir. 2377)“…ary judgment on Salena Accardo's claim of retaliation under La. R.S. 23:967 (Louisiana Whistleblower Statute). Pl…”
- Nolan v. JEFFERSON PAR. HOSP. SERV. DIST. NO. 2 (Louisiana Court of Appeal 2001, 790 So. 2d 725)“…at she asserts provide her with a cause of action. *731 La.R.S. 23:967, contained in the Labor and Workers' Co…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Louisiana Medical Recording Laws: Patient Rights and HIPAA Rules, Louisiana Workplace Recording Laws: Employee and Employer Rights
§ 23:981Declaration of public policyIn forcecited in 2 of our articles
It is hereby declared to be the public policy of Louisiana that all persons shall have, and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal, to form, join and assist labor organizations or to refrain from any such activities.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov
Cited in 2 court opinionsMost recently applied by a court: 1998
Leading cases:
- Pineville Police Officers' Ass'n, Local 1990 v. City of Pineville (Louisiana Court of Appeal 1998, 96 La.App. 3 Cir. 785)“…Act,” La.R.S. 23:821 et seq., and the “Right to Work Law,” La.R.S. 23:981 et seq. The Pineville Police Officers’…”
- McGehee v. Nix (District Court, M.D. Louisiana 1984, 581 F. Supp. 634)“…ial of admission was in violation of La.R.S. 17:1997 1 and La.R.S. 23:981-987. 2 Plaintiff argues that § 1997 re…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Louisiana Civil Code art. 2747 (employment at will)(legis.la.gov).gov
- La. R.S. 23:967 (whistleblower/employer retaliation statute)(legis.la.gov).gov
- La. R.S. 23:1361 (workers' compensation retaliation)(legis.la.gov).gov
- La. R.S. 23:981 et seq. (right-to-work)(legis.la.gov).gov
- La. R.S. 23:981 (right-to-work declaration of public policy)(legis.la.gov).gov
- La. R.S. 23:301 et seq. (Louisiana Employment Discrimination Law)(legis.la.gov).gov
- La. R.S. 23:967 (Louisiana whistleblower / employer retaliation statute)(legis.la.gov).gov
- Quebedeaux v. Dow Chemical Co., 820 So.2d 542 (La. 2002) (no broad public-policy wrongful-discharge tort)(lasc.org)