Legal Question in Civil Litigation in Louisiana

Employer Withholding Final Paycheck

Former employer owes me for 5 days of work performed from July 12-16, 2004. I resigned on July 18. I sent written request with cc to Dept of Labor for wages to be mailed to me within 3 days of receipt of my letter (Certified). Employer received my letter on 8/11/2004. Have not received check. Cannot afford lawyer. Do I report them to BBB, Small Claims Court, or try to et free legal aid? If free legal aid, where are they? DOL does have enforcement authority. Thank you in advance for your advice.


Asked on 8/16/04, 7:24 am

2 Answers from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Employer Withholding Final Paycheck

The law provides that if you are owed the wages the employer must pay your attorney. In addition, if the court finds that the employer was arbitrary in failing to pay those wages, he can find that the employer must pay you penalties equal to 1 day's wage for each day he failed to pay you after your notice. There are plenty of attorneys who will take your case for the fees the judge would award and a percentage of the penalties......also, be sure to check on whether you are owed for any vacation time earned but not taken even if you could not use it until 2005. Those are wages as well.

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Answered on 8/16/04, 7:50 am
Larry Demmons The Demmons Law Firm

Re: Employer Withholding Final Paycheck

The Louisiana Wage Payment Statute provides that you must be paid all wages within 3 days or before the next regular payday. If your employer doesn't, they can be liable for up to 90 days penalty wages AND attorney's fees, so it won't cost you anything for a lawyer to handle this for you. I've handled several of these cases for other people on this board.

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Answered on 8/16/04, 9:42 am


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