Articles Tagged with employment law

pexels-amina-filkins-5560552-683x1024A recent decision from the Louisiana Court of Appeal has shed light on the nuanced boundary between whistleblowing and misconduct in the workplace. The case, Melancon v. Town of Amite City, involved a police officer terminated for running unauthorized criminal background checks and lying about it. While the officer claimed he was acting as a whistleblower, the court ultimately upheld his termination, raising important questions about the limits of whistleblower protection and the importance of adhering to internal policies and procedures.

Gerald Melancon, a police officer in Amite City, Louisiana, was fired after it was discovered he had used police databases to run unauthorized background checks on various individuals, including city council members, fellow officers, and even his own wife. Melancon claimed he was investigating potential corruption within the department and that he had reported his concerns to his superiors and the FBI. He argued his termination was retaliation for his whistleblowing activities.

However, the evidence showed that Melancon had repeatedly lied about conducting background checks during the department’s internal investigation. The police chief testified that Melancon was fired primarily for his dishonesty and unauthorized use of the databases, not for any alleged whistleblowing.

pexels-veronika-bykovich-144474426-10400997-683x1024A recent United States Court of Appeals ruling for the Fifth Circuit highlights the complexities of establishing personal jurisdiction over an out-of-state employer in a lawsuit filed in Louisiana. The case, Blakes v. DynCorp, centered around a Louisiana resident who sued his Virginia-based employer for alleged wage and benefit violations under both Afghan and Louisiana law. The court ultimately dismissed the case for lack of personal jurisdiction, emphasizing the limited circumstances under which a Louisiana court can exercise authority over a non-resident defendant.

Everett Blakes, a Louisiana resident, was employed by DynCorp International, LLC, a Delaware company headquartered in Virginia, to work in Afghanistan. He signed an employment contract that specified Afghan law would govern any disputes and that any legal action would be resolved in an Afghan forum.

Despite this, Blakes filed a lawsuit in Louisiana alleging DynCorp failed to pay wages and benefits owed under Afghan labor law, the Louisiana Wage Payment Statute, and the terms of his employment contract. DynCorp moved to dismiss the case, arguing that the Louisiana court lacked personal jurisdiction over them.

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