Jackson v. Housing Auth.

8 Citing cases

  1. Amer v. Roberts

    184 So. 3d 123 (La. Ct. App. 2015)   Cited 8 times

    No reason is necessary for an employer to terminate an employee “without cause,” and such provisions in employment agreements do not violate the public policy of Louisiana or federal law. Jackson v. Housing Authority for Parish of St. James, 05–665 (La.App. 5 Cir. 3/14/06), 926 So.2d 606, 610; see also Borne v. Magnolia School, 277 So.2d 642, 645 (La.1973) (employment contract gave either party the right to terminate the employment for any reason by providing two weeks prior notice); Kalshoven v. Loyola University, 229 La. 69, 75, 85 So.2d 34, 36 (1956) (employment contract with four year term could be terminated by the plaintiff at will, or by the defendant for circumstances that it deemed to be grave, by providing the other party with six months' notice).Dr. Amer nevertheless asserts that the “without cause” provision in Subsection 5.1 of his contract is null because it allegedly conflicts with Section 4 of the agreement and certain language in the Policy Manual.

  2. Calamia v. Core Labs., LP

    249 So. 3d 1038 (La. Ct. App. 2018)   Cited 4 times

    Although the First Circuit found the particular employer's policy in Wall was invalid, it noted that La. R.S. 23:634 does not prevent an employer from restricting an employee's right to accrue annual leave or vacation pay, citing Wyatt . Rather, the statute generally provides that an employer must compensate an employee upon his termination for any unused vacation pay that the employer's policy has allowed him to accrue. In support of its position that no EIB time was due to Mr. Calamia upon termination of his employment, Core Lab cites Jackson v. Housing Authority for the Parish of St. James , 05-665 (La. App. 5 Cir. 3/14/06), 926 So.2d 606. In Jackson , the trial court found that an employee was not due payments for accrued sick leave, based on the employer's policy that sick leave time was not payable upon termination.

  3. Spriggs v. Hancock Whitney Corp.

    No. 19-30864 (5th Cir. Apr. 7, 2020)

    The district court thus properly relied on Louisiana caselaw which held that sick leave does not constitute unpaid wages when an employer's policy states that such leave is not payable on termination. Calamia v. Core Labs., LP, 17-635, p. 13-14 (La. App. 5 Cir. 5/30/18); 249 So. 3d 1038, 1047; Jackson v. Hous. Auth. for the Par. of St. James, 05-665, p. 9 (La. App. 5 Cir. 3/14/06); 926 So. 2d 606, 612. Spriggs also argues that Hancock's January 1, 2018 revision of the sick leave policy constituted a "unilateral change in policy that resulted in forfeiture of [his] accrued leave."

  4. Spriggs v. Hancock Whitney Corp.

    CIVIL ACTION 18-726-SDD-RLB (M.D. La. Sep. 20, 2019)   Cited 1 times

    The Louisiana Court of Appeal affirmed the decision and found that, "although the employer's policy allowed unused sick leave to accrue from year to year, the employee was not entitled to payment for unused sick leave upon termination, where the employer's policy manual specifically provided that an employee would not be entitled to pay for unused sick time." 05-665 (La. App. 5 Cir. 3/14/06); 926 So.2d 606. Rec. Doc. 13-2, pp. 8-9.

  5. England v. Adm'rs of the Tulane Educ. Fund

    CIVIL ACTION NO: 16-3184 SECTION: "J" (2) (E.D. La. Nov. 3, 2016)   Cited 5 times
    Noting that the newly amended complaint, which specified that the overtime violations occurred between July 2012 through December 2014, sufficiently pleaded enough facts to put the defendant on notice

    In order to recover under the La. Rev. Stat. 23:631(A)(1)(a), the employee must make a demand upon the employer for the payment. La. Rev. Stat. § 23:632; Jackson v. Housing Auth. For Par. of St. James, 2005-665, p. 8 (La. App. 5 Cir. 3/14/2006); 926 So. 2d 606, 611.

  6. Sartisky v. La. Endowment for the Humanities

    CIVIL ACTION NO. 14-1125 SECTION "N" (5) (E.D. La. Dec. 2, 2015)   Cited 1 times

    Phi, Inc. v. Office & Professional Employees Intern. Union, 2010 WL 3905084, at *14 (W.D.La. Sept. 27, 2010) (citing Jackson v. Housing Authority for Parish of St. James, 926 So.2d 606, 611 (La.App. 5th Cir.2006). It is undisputed that Sartisky made a demand for payment by letter, dated March 28, 2014.

  7. Berg v. Sage Environmental Consulting of Austin, Inc.

    Civil Action No. 3:05-CV-1215-GECF (N.D. Tex. Aug. 16, 2006)

    Therefore, because Berg has not shown that he was ill or injured, such sick pay has not accrued and — without deciding whether sick pay constitutes a wage under Louisiana law — Sage does not owe Berg payment upon his resignation. See Tran v. Petroleum Helicopters, 771 So. 2d 673, 677 (La.App. 3 Cir.) (refusing to address whether sick leave was considered a wage for the purposes of Louisiana wage statutes and denying payment of accrued sick leave on another ground), writ denied, 776 So. 2d 463 (2000); Jackson v. Housing Authority for Parish of St. James, 926 So. 2d 606, 612 (La.App. 5 Cir. 2006) ("Although the amount of unused sick leave time is accrued from year to year, the employee is not entitled to payment for unused sick leave time when the employee terminates employment. . . . There was no evidence that [the plaintiff] had not been paid for any sick days that she used due to illness."); but see Keiser v. Catholic Diocese of Shreveport, Inc., 880 So. 2d 230, 234 (La.App. 2 Cir. 2004) (because "[t]he only evidence in this sparse record on the issue of sick leave is the teacher's contract, which states that all full-time staff members are entitled to ten days of sick leave with pay per year," the employee was entitled to a pro-rated portion of sick leave under LA.REV.STAT. 23:631, 632, and 634). Because Berg has not proven that he has a vested right in this benefit, summary judgment is granted.

  8. Boyd v. Gynecologic

    15 So. 3d 268 (La. Ct. App. 2009)   Cited 10 times

    Thus, to recover statutory penalty wages, an employee must prove that wages were due and owing under La.R.S. 23:631, that a demand for payment was made at the place where the employee was usually paid, and that the employer failed to pay wages due and owing following demand. See, e.g., Jackson v. Housing Authority for Parish of St. James, 05-665 (La.App. 5 Cir. 3/14/06), 926 So.2d 606. These statutes, being penal in nature, must be strictly construed.