Before accepting a job, it is essential to review all policies provided to you by your potential employer, as these policies may not always be in your best interest. The following East Baton Rouge case demonstrates what may or may not be considered a “wage” payable at the end of employment.
Ely Boucher was terminated from the East Baton Rouge Parish Sheriff’s Office and was simultaneously provided with a copy of their Leave Policy. A provision to the Leave Policy stipulated that a certain amount of hours of paid-time-off leave were paid upon termination of employment. Subsequently, Boucher, who had over 914 paid-time-off leave hours, was paid for 300 hours per the policy provisions. Boucher then argued the Leave Policy violated La. R.S.23:631 and made a written demand on the Sheriff, for unpaid wages. When Boucher’s demand went unanswered, he filed a lawsuit against the Sheriff with the Nineteenth Judicial District Court.
Boucher filed a motion seeking to exclude the testimony of the EBR Sheriff’s Human Resource Director concerning her interpretation of the Leave Policy. He argued the document was the best evidence of its contents. He also argued that the testimony should be excluded based on the contract interpretation laws.