Wrongful Termination in Louisiana (2026): Laws, Deadlines, How to File

Louisiana is an employment-at-will state, so a firing is wrongful only when a specific statute or contract forbids the reason for it. The main state statute is the Louisiana Employment Discrimination Law (La. R.S. 23:301 and following), which makes it unlawful for an employer with 20 or more employees to discharge someone because of race, color, religion, sex, national origin, military status, or natural, protective, or cultural hairstyle (La. R.S. 23:332(A)(1)). The law also protects age, pregnancy and disability, and a separate statute protects private-sector whistleblowers (La. R.S. 23:967).

The key state deadline is one year to sue, with a written notice to the employer at least 30 days before filing. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Louisiana law on firing private-sector employees: Civil Code article 2747, the Louisiana Employment Discrimination Law (La. R.S. 23:301 and following), the whistleblower statutes (La. R.S. 23:967 and 30:2027), workers' compensation retaliation (La. R.S. 23:1361) and other Louisiana firing bans, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Louisiana severance pay laws.

Is Louisiana an at-will state?

Yes. In Quebedeaux v. Dow Chemical Co., 820 So. 2d 542 (La. 2002), the Louisiana Supreme Court said that under Civil Code article 2747, generally, "an employer is at liberty to dismiss an employee at any time for any reason without incurring liability for the discharge." The court added that this right is "tempered by numerous, federal and state laws which proscribe certain reasons for dismissal," such as race, sex or religion, and that various state statutes stop employers from firing employees for exercising rights such as presenting workers' compensation claims.

In Louisiana, then, protection after a firing comes from statutes and contracts. For how the doctrine works day to day, see Louisiana at-will employment laws.

Grounds for a wrongful termination claim in Louisiana

Discrimination under the Louisiana Employment Discrimination Law

La. R.S. 23:332(A)(1) makes it unlawful for an employer to "intentionally fail or refuse to hire or to discharge any individual, or otherwise to intentionally discriminate against any individual with respect to compensation, or terms, conditions, or privileges of employment, because of the individual's race, color, religion, sex, national origin, military status, or natural, protective, or cultural hairstyle."

Other parts of the same law cover:

• Age: La. R.S. 23:312, for individuals at least 40 years old (23:311).
• Pregnancy, childbirth and related medical conditions: La. R.S. 23:342, which includes a reasonable-accommodation provision. This part applies only to employers with more than 25 employees in Louisiana (23:341(A)); the federal Pregnancy Discrimination Act and Pregnant Workers Fairness Act cover employers with 15 or more.
• Disability: Part III of the law (La. R.S. 23:323 and following).

Who is covered. La. R.S. 23:302(2) says the chapter applies "only to an employer who employs twenty or more employees within this state for each working day in each of twenty or more calendar weeks in the current or preceding calendar year." The chapter does not apply to employment by a parent, spouse or child, to domestic service, or to "employment of an individual by a private educational or religious institution or any nonprofit corporation."

Federal Title VII and the ADA cover employers with 15 or more employees, and the federal age law employers with 20 or more (42 U.S.C. 2000e(b); 42 U.S.C. 12111(5); 29 U.S.C. 630(b)). So a worker at a Louisiana employer with 15 to 19 employees may be covered by federal law but not by the Louisiana law.

Recent additions and what is not listed. Military status was added by Act 100 of 2025 (SB 66), effective August 1, 2025. The law does not list sexual orientation or gender identity; a 2026 bill to add them, HB 293, did not get out of the House Labor and Industrial Relations Committee before the session ended. Federal law does cover it: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII." Title VII applies to employers with 15 or more employees, and the EEOC charge deadline in Louisiana is 300 days.

Retaliation for opposing discrimination

The age part of the Louisiana law bars an employer from retaliating against a worker who opposed age discrimination or made a charge or took part in an investigation, proceeding or litigation under that part (La. R.S. 23:312(D)), and the sickle cell trait part has a matching clause (23:352(D)). The main race, sex and religion section, 23:332, has no general retaliation clause.

A separate statute, La. R.S. 51:2256, makes it unlawful for an employer covered by the Louisiana law "to conspire" to retaliate against a person for opposing a practice the law forbids or for making a charge or filing a complaint. Our research did not resolve whether that wording reaches an employer acting alone. Federal Title VII's retaliation ban covers employers with 15 or more employees.

Whistleblower protection: La. R.S. 23:967

Louisiana has a whistleblower statute for private-sector employees. Under La. R.S. 23:967, an employer "shall not take reprisal against an employee who in good faith, and after advising the employer of the violation of law:"

• "Discloses or threatens to disclose a workplace act or practice that is in violation of state law."
• "Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into any violation of law."
• "Objects to or refuses to participate in an employment act or practice that is in violation of law."

The employee sues in district court and "may recover from the employer damages, reasonable attorney fees, and court costs," with damages including compensatory damages, back pay, benefits and reinstatement. The risk runs both ways: the employer may recover its fees and costs if the suit was brought in bad faith or if the employer's act "was not in violation of the law" (23:967(D)).

In Hale v. Touro Infirmary, 886 So. 2d 1210 (La. App. 2004), the court said the employee must establish that the employer violated the law through a prohibited workplace act or practice, that she advised the employer of the violation, that she then refused to participate in it or threatened to disclose it, and that she was fired as a result. The violation must be of a state statute.

Deadline. La. R.S. 23:967 states no deadline. Act 423 of 2024 replaced the one-year period for delictual (tort) actions with a two-year period in Civil Code article 3493.1, for actions arising after July 1, 2024; the old one-year rule still governs claims that arose earlier. Whether a court treats a 23:967 claim as delictual was not settled in our research, so file as early as possible. For more, see Louisiana whistleblower laws.

Environmental whistleblowers: La. R.S. 30:2027

La. R.S. 30:2027 separately bars any employer, public or private, from retaliating against an employee who in good faith discloses or threatens to disclose, to a supervisor or a public body, an activity the employee reasonably believes violates an environmental law, rule or regulation, or who provides information or testifies in a public investigation of an environmental violation. Reporting to the employer first is not a condition. The employee may sue in the district court of the parish where the employee lives and recovers triple damages, such as lost wages, for up to three years, plus costs and attorney's fees. The section does not protect an employee who, without direction from the employer, deliberately violated the environmental rules.

Workers' compensation retaliation

La. R.S. 23:1361(B) says: "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." An employer may still discharge an employee who "because of injury can no longer perform the duties of his employment" (23:1361(B)).

An employee fired in violation can recover a civil penalty equal to the earnings the employee would have received, "but not more than one year's earnings," plus reasonable attorney's fees and court costs (23:1361(C)). Those remedies are in addition to other state or federal rights (23:1361(D)), and an employee who brings a frivolous claim can be held liable (23:1361(E)). The section states no filing deadline, and our research did not settle which prescriptive period applies (see the note on Civil Code article 3493.1 under the whistleblower section). For the benefits side, see Louisiana workers' compensation laws.

Public employees only: pronoun and name policies (Act 579 of 2026)

Act 579 of 2026 (HB 1137), effective August 1, 2026, adds La. R.S. 23:333. It applies only to the state and its political subdivisions as employers, and to their employees; it does not cover private employers. It bars those public employers from requiring an employee to state pronouns inconsistent with the employee's sex or to use a name other than the legal name in official employment records or communications. It also bars adverse employment action against a public employee for declining to identify pronouns, for declining to address a person by a name other than the legal name or by pronouns, titles or honorifics inconsistent with the person's sex, or for using pronouns consistent with a person's sex. The Act does not state a separate remedy.

Other Louisiana firing bans

• Jury duty. La. R.S. 23:965 bars firing or other adverse action, without cause, because an employee is called to or serves on a jury, if the employee notified the employer of the summons within a reasonable time. An employer that violates it must reinstate the employee and can be fined $100 to $1,000 per employee.
• State military duty. La. R.S. 29:38 requires an employer to reinstate a worker returning from National Guard or state military duty who reports back within 72 hours, and bars discharge without cause for one year after reinstatement. The worker can bring a mandamus action for lost wages and benefits, and the district attorney may act as the worker's lawyer, with no fees or court costs charged to the worker. La. R.S. 29:38.1 bars denying employment or retention in employment because of Reserve or Louisiana National Guard obligations. Federal USERRA also applies (see below).
• Veterans' medical appointments. La. R.S. 23:331 bars firing a veteran for taking time off for medical appointments needed to receive veterans benefits.
• Off-duty smoking. La. R.S. 23:966 bars firing a worker for being a smoker or nonsmoker, as long as the worker follows the law and any workplace smoking policy; it is enforced by fines.
• Political activity. La. R.S. 23:961 bars employers with 20 or more employees from using threats of discharge to control employees' political activities or affiliations, and says the injured employee may recover damages.
• Sickle cell trait and genetic information. La. R.S. 23:352 and 23:368 bar firing because of sickle cell trait or protected genetic information.

Contracts

Without a fixed term, Louisiana employment is at will under Civil Code article 2747, as Quebedeaux describes. Our research did not cover Louisiana decisions on employee handbooks, fixed-term contracts under Civil Code article 2749, or a duty of good faith in employment.

Gaps in this page's coverage

Our research did not cover Louisiana rules on constructive discharge, firing for voting, or retaliation for wage complaints or sick leave. Federal law bars retaliation for complaints under the Fair Labor Standards Act (29 U.S.C. 215(a)(3)) and bars denying "retention in employment" because of military service (38 U.S.C. 4311(a)).

Wrongful termination deadlines in Louisiana

The EEOC deadline. The EEOC's Houston District Office and New Orleans Field Office both say an individual has "300 days from the date of alleged harm" to file a charge against an employer with 15 or more employees in Louisiana, or 20 or more employees for age.

The one-year suit deadline. La. R.S. 23:303(D) says: "Any cause of action provided in this Chapter shall be subject to a prescriptive period of one year. However, this one-year period shall be suspended during the pendency of any administrative review or investigation of the claim conducted by the federal Equal Employment Opportunity Commission or the Louisiana Commission on Human Rights. No suspension authorized pursuant to this Subsection of this one-year prescriptive period shall last longer than six months." Giving or not giving the 30-day notice does not interrupt that period (23:303(E)).

Where to file in Louisiana

Court, after notice. No agency filing is required before suing. La. R.S. 23:303(A) says a plaintiff "may file a civil suit in a district court." Under 23:303(C), the plaintiff "shall give the person who has allegedly discriminated written notice of this fact at least thirty days before initiating court action," and "both parties shall make a good faith effort to resolve the dispute."

The Louisiana Commission on Human Rights. The LCHR, part of the Office of the Governor, takes complaints in person, by mail or online; its phone number is (225) 342-6969 and its mailing address is P.O. Box 94094, Baton Rouge. Its brochure describes the steps as submitting a claim, screening, investigation and a determination, after which a complainant who receives a "no violation" finding may request a "right to sue"; employment determinations are copied to the EEOC. By statute, an LCHR complaint must be filed within 180 days after the alleged unlawful practice (La. R.S. 51:2257(A)), and a complainant whose complaint is dismissed for no probable cause has 10 days after receiving the order to apply for reconsideration (51:2257(C)). Filing with the LCHR is not required before suing under the Louisiana law, but LCHR or EEOC review suspends the one-year suit period for up to six months (La. R.S. 23:303(D)).

The EEOC. Federal charges can be filed through the EEOC Public Portal, or by phone at 1-800-669-4000 when a deadline is near.

What a court can award

Discrimination. Under La. R.S. 23:303(A), a plaintiff may seek "compensatory damages, back pay, benefits, reinstatement, or if appropriate, front pay, reasonable attorney fees, and court costs." The statute states no cap, and punitive damages are not on its list. A plaintiff "found by a court to have brought a frivolous claim" is liable to the defendant for reasonable damages, attorney fees and costs (23:303(B)).

Whistleblowing and workers' compensation retaliation. See the remedies described above under La. R.S. 23:967 and 23:1361.

Federal law. Title VII and the ADA cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size, with back pay outside the cap (42 U.S.C. 1981a(b)(3)). The wrongful termination guide lists the tiers.

Practical steps after a firing in Louisiana

Write down the date you were fired, who told you, the reason given, and any complaint, report or workers' compensation claim involved, and keep copies of messages, reviews and the termination notice. The one-year Louisiana suit deadline is short, and the 30-day written notice to the employer has to go out before a suit is filed. Our research did not cover whether Louisiana requires an employer to give a written reason for a firing.

If the employer offers money in exchange for a release, read it before signing: a release can give up the claims described here. Our Louisiana severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes and pending bills

• Act 100 of 2025 (SB 66), effective August 1, 2025: added military status to La. R.S. 23:332 and parallel laws.
• Act 579 of 2026 (HB 1137), effective August 1, 2026: adds La. R.S. 23:333 on pronoun and name policies of public employers (the state and its political subdivisions); it does not cover private employers. When our research checked, the Legislature's statute database had not yet been updated with its text.
• Act 423 of 2024, effective July 1, 2024: repealed Civil Code article 3492, the one-year period for delictual actions, and set a two-year period in article 3493.1 for delictual actions arising after that date. It does not change the one-year LEDL period, which is set in La. R.S. 23:303(D).
• 2026 HB 293: would have added sexual orientation and gender identity to the LEDL; it was considered in the House Labor and Industrial Relations Committee on April 28, 2026, and went no further. It is not law.

La. R.S. 23:303 has not been amended since Act 793 of 2008.

Related

• Wrongful termination laws by state
• Louisiana at-will employment laws
• Louisiana whistleblower laws
• Louisiana workers' compensation laws
• Louisiana severance pay laws

Disclaimer: This article provides general legal information about Louisiana wrongful termination law (Civil Code article 2747, the Louisiana Employment Discrimination Law, La. R.S. 23:967 and 23:1361) and the federal laws that apply in Louisiana. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Louisiana Commission on Human Rights, the EEOC, a legal aid office or a lawyer licensed in Louisiana.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Louisiana?

Only if a statute or contract forbids the reason for the firing. Under Civil Code article 2747, as the Louisiana Supreme Court described it in Quebedeaux v. Dow Chemical (2002), an employer can generally dismiss an employee at any time for any reason, subject to federal and state laws that forbid certain reasons.

How long do I have to sue for discrimination in Louisiana?

One year under La. R.S. 23:303(D). The period is suspended while the EEOC or the Louisiana Commission on Human Rights reviews the claim, but no suspension can last longer than six months.

Do I have to file with the state before suing in Louisiana?

No agency filing is required by La. R.S. 23:303(A), but you must give the employer written notice at least 30 days before filing suit, and both sides must make a good-faith effort to resolve the dispute (23:303(C)).

What is the EEOC deadline in Louisiana?

The EEOC's Houston and New Orleans offices say 300 days from the date of alleged harm, against an employer with 15 or more employees, or 20 or more for age.

How many employees does a Louisiana employer need to be covered?

Twenty or more employees in Louisiana for each working day in each of 20 or more calendar weeks (La. R.S. 23:302(2)). Federal Title VII and the ADA start at 15.

Can I be fired for filing a workers' comp claim in Louisiana?

La. R.S. 23:1361(B) bars discharging an employee for asserting a workers' compensation claim. An employee fired in violation can recover a civil penalty equal to lost earnings, up to one year's earnings, plus attorney's fees and costs.

Does Louisiana protect whistleblowers in private jobs?

Yes, under La. R.S. 23:967, for an employee who in good faith, after advising the employer of a violation of law, discloses it, testifies about it, or refuses to take part in it. The statute states no filing deadline. Employees who report environmental violations have a separate claim with triple damages under La. R.S. 30:2027.

Can I get punitive damages for discrimination in Louisiana?

La. R.S. 23:303(A) lists compensatory damages, back pay, benefits, reinstatement, front pay, attorney fees and court costs. Punitive damages are not on that list.