Last Updated on October 25, 2025 by Andrew Martinez
The ceiling fan in my office on Poydras Street was fighting a losing battle against the August humidity, the kind that makes your shirt stick to your back the moment you step outside. A young man, let’s call him James, sat across from me, nervously turning his Saints cap in his hands—he’d just been fired from his warehouse job in the Lower Garden District after reporting a safety violation, and he was terrified he’d never find another job in this town. Honestly, that meeting, and hundreds like it, is why I’ve been doing this for over a decade.
Look, New Orleans is a city that runs on its people. From the service industry workers in the French Quarter to the port employees downriver, when someone’s paycheck is threatened, it doesn’t just affect them; it ripples through entire families and neighborhoods. I’ve built my practice here because workers need someone who understands not just the law, but the unique rhythm and challenges of working in this city.
What Employment Law Really Looks Like Here
Most people think employment law is just for big corporate whistleblowers. The truth is, the vast majority of cases I handle are for everyday folks right here in New Orleans—the restaurant server who had her tips stolen, the construction worker misclassified as an independent contractor to avoid benefits, the office worker in the CBD who faced relentless harassment.
You know what’s funny? People are often surprised to learn that Louisiana is an “atwill” employment state. But that phrase gets thrown around to intimidate employees into thinking they have no rights. Wait — actually, let me rephrase that more clearly. “Atwill” means you can be fired for any reason, or no reason, but not for an illegal reason. And that’s the crucial distinction. You cannot be fired because of your race, because you’re pregnant, because you reported a safety hazard, or because you requested an accommodation for a disability. I’ve seen employers bank on workers not knowing that difference.
The Local Challenges You Might Face
Practicing law here comes with its own set of realities. For one, the Orleans Parish Civil District Court on Tulane Avenue is where a lot of this plays out. It’s a sprawling, often slowmoving system. And if your employer is based in Jefferson Parish or St. Tammany, the jurisdiction and even some procedural rules can shift. It’s not just about knowing the law; it’s about knowing the courthouse, the clerks, and the local rules that can make or break a case.
Another uniquely local issue? The sheer number of small businesses and hospitality industry jobs. These workplaces often have informal structures, which can lead to messy situations with unclear policies and haphazard recordkeeping. It makes proving your case trickier, but not impossible. You need someone who knows how to piece together the story from texts, emails, and witness statements when there’s no formal HR department to file a complaint with.
When You Know It’s Time to Call a Lawyer
I tell people to trust their gut. If something at work feels fundamentally wrong or unjust, it probably is. Here are the big red flags that mean you should pick up the phone:
- You’ve been fired after reporting illegal activity: This is illegal retaliation, plain and simple. I had a client from Gentilly who was let go after complaining about wage theft. We were able to secure his back pay and then some.
- You’re facing discrimination or harassment: Based on your race, gender, age, religion, disability, or pregnancy. This one still stings—I once represented a brilliant young woman in the tech sector who was pushed out after announcing her pregnancy. The company assumed she wouldn’t be committed. They were wrong.
- You’re not being paid correctly: This is huge in the New Orleans service economy. Unpaid overtime, stolen tips, misclassification as a salaried employee to avoid overtime—these are all wage and hour violations.
- You’ve been denied reasonable accommodations: For a disability or religious practice. The key word is “reasonable,” and it’s a conversation, not an automatic denial.
Anyway, the most common mistake I see? People waiting too long. In Louisiana, you generally have either 180 or 300 days to file a charge of discrimination with the EEOC, and prescription periods (what other states call statutes of limitation) for other claims can be one year or more, but they vary. Don’t wait until the last minute.
A Look at Some Local Options
Based on actual local presence, here are some established providers in New Orleans:
Herman, Herman & Katz — Serving the downtown area and greater New Orleans.
Dawn Wiggins P.L.C. — Based in the New Orleans region.
LoBue, Ekings & Wiley, Ltd. — A firm with a long history in the city.
Barrasso Usdin Kupperman Freeman & Sarver, L.L.C. — Located in the Central Business District.
It’s always a good idea to verify a lawyer’s standing with the Louisiana State Bar Association.
Verify licenses through the Louisiana State Bar Association.
For discrimination claims, you’ll start with the Equal Employment Opportunity Commission.
Local resources can be found on the City of New Orleans official website.
What This Actually Costs
Let’s be completely honest. The biggest question is always about money. Most employment lawyers, including myself, work on a contingency fee basis for these kinds of cases. That means we don’t get paid unless you win or settle. Our fee is a percentage of the recovery. You don’t pay hourly, and you don’t pay upfront. This levels the playing field against deeppocketed employers.
Now, outofpocket costs (filing fees, depositions, expert witnesses) are a different matter. Some firms advance these costs, others might ask you to contribute. You need to have a very clear conversation about this during your initial consultation. A ballpark figure for a straightforward case to settle? Many can resolve in the $15,000 to $50,000 range, but complex cases like classaction wage theft or severe discrimination can go much, much higher. It completely depends on the lost wages, the emotional distress, and the strength of the evidence.
An Insider’s View on Building Your Case
If you’re thinking about taking action, start building a paper trail now. But be smart about it. Don’t use your work email for anything personal or related to your complaint. Send important notes to your personal account. Keep a private journal with dates, times, what was said, and who was there. Save any relevant emails, texts, or performance reviews that support your story. This isn’t about being paranoid; it’s about being prepared.
I made a mistake early in my career by not emphasizing this enough to a client. He had a great case but no tangible evidence, just his word against his manager’s. It was an uphill battle. Documentation is everything.
Navigating the System
Long story short, the process usually starts with a demand letter or, in discrimination cases, filing that EEOC charge I mentioned. The EEOC will investigate, and if they find cause, they may issue a “Right to Sue” letter. That’s your ticket to filing a lawsuit in federal court. Most cases settle before they ever see a trial room, but you have to be prepared to go the distance.
And if you’re from New Orleans, you know we do things a little differently here. Relationships matter. The legal community is tightknit. Sometimes that’s a good thing, sometimes it’s a challenge. You want a lawyer who knows the landscape.
Your Questions, Answered
How long do I have to file a lawsuit?
It depends on the claim, but for most discrimination cases, you must file a charge with the EEOC within 300 days. For other claims like unpaid wages, you might have longer, but don’t wait. Prescription is a tricky beast in Louisiana law.
Can I be fired for no reason?
Technically, yes, under “atwill” employment. But if the real reason is illegal (like discrimination or retaliation), then the “no reason” given is just a cover. We dig to find the true motive.
What should I bring to my first consultation?
Bring any relevant documents: your employment contract, employee handbook, pay stubs, the termination letter if you have one, and any notes or evidence you’ve collected. The more we have, the better we can assess your case.
Is it worth it to sue a former employer?
It’s a personal decision. It can be stressful and take time. But for many, it’s about principle and justice, not just money. It’s about holding someone accountable and preventing them from doing it to someone else.
So here’s the thing. Working in this city is hard enough without having your rights trampled. The law is there to provide a balance, to give you a voice when you’ve been silenced. If you’re sitting there in Metairie or the Marigny, feeling like you’ve been wronged, start by having a confidential conversation with someone who gets it. It costs nothing to know where you stand, and it might just change everything.