Demanding Payment For Wages Under The Louisiana Wage Payment Act
Whether you are terminated or resign, the Louisiana Wage Payment Act (LWPA) requires your employer to pay you your last paycheck within fifteen days of your last day of employment, or by your next regularly scheduled payday. For example, if your last day of work was January 1, and your next regular payday would have been January 10, your employer must pay your wages owed by January 10.
Making Demand For Payment After Your Resignation Or Termination
If your employer does not make payment timely, you may be entitled to an additional sum of money known as penalty wages under the LWPA. To trigger the LWPA’s penalty wage provision, an employee must first make “demand” for payment of her wages that were not paid within the time allowed by the LWPA. It is important to note that the demand must be made after the employment relationship has ended, i.e. after you are fired or resign. If the employer does not pay the wages after a demand is made, a court may award the employee up to 90 days of penalty wages, if it finds that the employer withheld payment in bad faith.
How Do I Make A “Demand” For Payment Under The Law?
An employee only needs to make demand for payment once, verbally or in writing.[1] For evidence purposes, the best practice is to write a demand letter and forward it your employer by email and by U.S. certified or priority mail, so that you have a proof of delivery. No special language is required to make demand for payment, as long as the demand reasonably describes the wages that are due.
You can find a general example of a demand letter here. WJP Demand Letter
*LEGAL DISCLAIMER*
The content of this post is not intended to be legal advice and is provided for informational purposes only. Each case is different. If you have a wage claim, please contact an attorney. The WJP provides free legal services to income eligible individuals. You can also find attorney referrals and more information at louisianalawhelp.org.
[1] Harber v. Ocean Canyon Properties, Inc., 251 So.3d 454, (La.App. 1 Cir. 5/31/18).