Legal Question in Employment Law in Louisiana

I worked for a company out of Stratford Connecticut that has a contract to service equipment that they sold to the LOUISIANA DEPARTMENT of REVENUE. My role in this contract is that of a service technician. We are on-call 8:00am to 5:00pm. In the event their are no service calls, I get a guarantee of ten hours per week at what pay rate of 18.69 per hour. Two technicians are required to maintain this contract. I have been with the company from the beginning of this contract and have work alone until they found a replacement for one of the first techs who quit. Any how, I have a situation where I e-mailed my employer of my intent to search for new employment because of the requirements of the job. In that time I received a service call to report to work. I am the lead technician at this site. I made a decision to send the other tech because my car was acting up and my son had been ill. I sent my boss an e-mail letting him know of my actions. I never said I was unavailable to go to work. I stated my current conditions as to why I chose to send in someone else and mentioned to my boss the other tech gave me the same excuse about his truck being in the shop as to why he couldn't respond to the call. I told my boss it sounded kinda fishy. My boss told me don't worry, he would call the guy and see what's going on. After my boss talked to him, I got an e-mail from the other tech the next day saying that the shop all of a sudden got to his truck and were able to fix it. My boss ok'd this and confirmed it thru e-mail only to e-mail payroll and let them know of the situation. I was contacted by payroll and was told that I wouldn't be paid for one week because they determined from my e-mail that I wasn't not available for work. I let them know that the new tech had a similar issue ( which I have e-mail with company letterheads to show) in which he placed his truck in the shop without notifying myself or our boss as to his actions which resulted in myself performing Preventative Maintenance that was schedule months before he placed his truck in the shop. I was left short handed. I still completed the task, but it has come to my attention that this employee was disciplined for his actions in his unavailability to report to work. He was still paid that week. Furthermore the only reason that they have for not paying is based on a memo that was sent out in 1995 for time off regarding part time employees. I started working for the company in 2008. I tried to get them understand but to no avail they stand firm in their decision. I filed a charge with the EEOC which got dropped. I receive unemployment and have been since the Louisiana Workforce commission investigated and found that I did not break company policy which was the reason for discharge that Agissar gave the Unemployment office. When the EEOC investigated that uncovered (which was a letter provided by myself) that the reason given to them and myself was a letter written on a company letter head stating that the company came to a decision that it was best we part ways and severe the relationship based the the perception that I was unhappy with my current terms of employment and decided the discharge me. How can a company give me one reason for termination and give the Louisiana Workforce commission another concerning the same individual and situation?


Asked on 3/01/11, 7:08 am

1 Answer from Attorneys

Martha Amanda Mandi Lucas Mandie Seale Lucas

There is seldom one reason for anything. Unless they lied under oath, there is litte you can do.

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Answered on 3/03/11, 10:51 am


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