Louisiana Personal Injury Lawyer Blog
Usually when you hear the phrase “adverse employment action,” it brings to mind actions such as being demoted or fired. However, under certain circumstances, it can extend to more unique actions. This includes refusing to accept an employee’s rescission of resignation.
Tyrikia Porter worked at the Houma Terrebonne Housing Authority (“HTHA”) in Louisiana since 2001. In 2006, HTHA hired a new executive director, who made regular comments about her appearance, as well as other sexual comments. In June 2012, Porter resigned, intending for her resignation to take effect in August 2012. The Executive Director approved her request to extend her resignation by a month. During the period between when Porter offered her resignation and when she stopped working, she testified against the Executive Director, alleging sexual harassment. Other superiors urged Porter to rescind her resignation. When Porter notified HTHA that she was rescinding her resignation, the Executive Director rejected the rescission. Although Porter intended to leave when she submitted her resignation, she knew other employees had been allowed to rescind their resignations. Porter believed that her rescission was not accepted because she had testified against the Executive Director at the hearing.
Porter filed claims in the United States District Court for the Eastern District of Louisiana under Title VII and state law for retaliatory discharge and sexual harassment/hostile work environment. In order to establish a prima facie retaliation case, Porter had to show the three relevant factors outlined in the following case: See Hernandez v. Yellow Transp., Inc., 670 F.3d 644, 657 (5th Cir. 2012).Louisiana courts have generally not considered rescission as an adverse employment action in retaliation cases. However, in Burlington Northern, the U.S. Supreme Court clarified that “adverse employment actions” could extend beyond workplace or employment related retaliatory acts. In determining whether an action is an adverse employment action, courts look at the circumstances and whether the act was harmful to the point that it might “dissuade a reasonable worker from making or supporting a charge of discrimination.” See Burlington N. and Santa Fe Ry. Co. v. White, 548 U.S. 53, 67 (2006).
If you are at school or work and notice several people who are soaking wet and wearing rain jackets, you would not have to be a detective or even a good lawyer to confidently make the judgment that it’s raining outside. Similarly, the legal concept of summary judgment used by courts is when the undisputed facts surrounding a claim lead to a court concluding the lawsuit as a matter of law, not facts. When that concept is applied to only certain elements or portions of a case or claim, it is called partial summary judgment. Partial summary judgment and its effects were of primary importance for a Baton Rouge, Louisiana, woman’s case.
Double jeopardy is not a television marathon featuring Alex Trebek, but protection against it is fundamental to the United States legal system. In the criminal justice system, double jeopardy means being put on trial for the same charge twice; the Fifth Amendment to the United States Constitution bans it. 
One bad decision can lead to a huge legal headache. The combination of a chaotic atmosphere and alcohol makes bars the perfect storm for mistakes that can later lead to huge liability. In a recent case, a man who punched another patron at a Tangipahoa Parish bar appealed a default judgment that awarded the victim over $100,000 dollars for personal injury damages and medical expenses.
Determining liability when someone is injured on someone else’s property is a complex endeavor. One of the major factors is determining whether the injury resulted from an unreasonably dangerous condition. 
Zoning issues can seemingly arise out of nowhere and affect the way you choose to use your property. It is important to stay up to date with local zoning ordinances and have a good lawyer to guide you with upcoming projects or changes that may be affected. It is equally important to also be aware of what happens when zoning changes do affect, and even cancel, these projects. The Fifth Circuit Court of Appeal for the State of Louisiana addressed this issue when a Terrytown, Louisiana property was rezoned by the Jefferson Parish Council on December 12, 2007.
The loss of loved ones is never easy, especially when they are taken away in sudden, unexpected ways. Though there is no dollar value that can replace human beings, monetary damages are a form of recovery in cases of wrongful death. Sometimes the steps to that recovery can be difficult, especially when insurance is involved. This issue was explored in a wrongful death action brought to the Twenty-Ninth Judicial District Court in St. Charles Parish. 
Do you ever wonder what happens if you get into an accident in a company vehicle when on your lunch break? Whether it is using the company car to pick up food or a quick stop at the mall to grab a birthday gift, most of us have had the thought cross our minds. A recent State of Louisiana First Circuit Court of Appeal (“the Court”) case dealt with this very issue.
Ever feel like you have been wrongfully brought to court? If so, then what legal remedies do you have at your disposal? In Louisiana, the law provides a person who has wrongly been brought to court with a tort cause of action called abuse of process. A recent Fifth Circuit Louisiana Court of Appeal decision highlights some of the procedural and legal requirements for this lesser known tort.
Labor contracts are often tricky and scary because potential employees generally find it difficult to negotiate with employers for terms favorable to them, while employers use standard contracts with terms potential employees don’t understand or aren’t used to seeing, which guarantee the employers a better deal.