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Practice Area · Employment Law

Employment Law

In Louisiana and Mississippi, employment is at will — until a contract, a statute, or the Constitution says otherwise.La. C.C. art. 2747 · Mississippi common law

Counsel for employers building durable, compliant workplaces — and select representation for employees facing a workplace that has gone wrong. Federal law and the law of two states, handled with the preparation every matter deserves.

Employers & employees · Louisiana & Mississippi · Federal & state law
Why Aertker Legal

Both sides of the workplace. One standard of preparation.

Employment law is where federal statutes, two states’ laws, and the everyday realities of running a business all meet. A single termination can implicate Title VII, the ADA, the FLSA, a Louisiana wage statute, a non-compete, and a severance release — at once. It rewards a lawyer who sees the whole board.

The firm’s center of gravity is counsel for employers — the handbooks, agreements, classifications, and decisions that keep a business out of trouble, and the steady defense when a claim arrives anyway. It is natural work for a firm that already forms the company, drafts its contracts, and litigates its disputes. The firm also takes select employee-side matters — the clear cases of unpaid wages, discrimination, or retaliation where the wrong is plain and a careful advocate makes the difference.

One discipline runs through all of it: in employment law the deadlines are short and the procedure is unforgiving. A federal discrimination claim begins with a charge to the EEOC, and that window can be as little as 180 days in both Louisiana and Mississippi — do not assume you have the longer period some states allow. Missing it can end a claim before it starts.

And you work directly with Stephen throughout. Your calls are returned, you always know where your matter stands, and the attorney who advises or appears is the one who prepared it. Your lawyer — not a case number.

What We Handle

From the handbook to the courthouse.

Aertker Legal advises employers and represents select employees across Louisiana and Mississippi — before federal district courts (where most employment statutes are enforced) and in state court where the claim belongs there.

01

For Employers: Policies, Compliance & Counsel

The cheapest employment dispute is the one a good policy prevents.The case for counsel before the claim

Most workplace problems are solved long before they become lawsuits — in the handbook, the offer letter, the classification decision, and the way a termination is documented. The firm provides the day-to-day counsel that keeps a business compliant and defensible:

  • Employee handbooks, policies, and workplace training
  • Exempt / non-exempt classification and independent-contractor analysis under the FLSA
  • Hiring, discipline, leave, and termination practices
  • Leave administration under the FMLA and accommodation under the ADA
  • Reductions in force and WARN Act compliance
  • Investigations of harassment and misconduct complaints
02

Non-Compete, Non-Solicitation & Trade Secrets

In Louisiana, a non-compete is enforceable only if it is drafted exactly right.La. R.S. 23:921

Louisiana law disfavors restraints on competition and enforces them only on strict statutory terms. Under La. R.S. 23:921, a valid non-compete must fit one of the statute’s defined relationships, run no longer than two years from the end of employment, and specify the geographic area by parish or municipality. There is no judicial “reasonableness” rescue — an agreement that misses the requirements is simply unenforceable. Mississippi takes the more common approach, enforcing restraints that are reasonable in time, territory, and scope.

The firm drafts agreements that hold up, enforces them when a departing employee or competitor crosses the line, and defends employees and new employers against overbroad restraints — along with the trade-secret and customer-solicitation questions that travel with them.

03

Discrimination, Harassment & Retaliation

These claims live in federal court — and start with a deadline.Title VII · ADA · ADEA · EEOC charge

Workplace discrimination and harassment claims arise mainly under federal law — Title VII (race, color, religion, sex, national origin), the ADA (disability), the ADEA (age 40+), and the Equal Pay Act — and they begin with a timely charge to the EEOC. Louisiana layers its own Employment Discrimination Law on top (La. R.S. 23:301 et seq.); Mississippi relies almost entirely on the federal statutes.

The firm defends employers through the EEOC charge process and into litigation, and represents select employees with strong, well-documented claims. Either way, the first question is always timing — the charge window can be as short as 180 days in both states.

  • EEOC charges — position statements, mediation, and defense
  • Harassment and hostile-work-environment claims
  • Retaliation and whistleblower matters (incl. La. R.S. 23:967)
  • Disability accommodation and ADA disputes
  • Right-to-sue letters and federal-court litigation
04

Wage & Hour

Unpaid wages carry their own penalty in Louisiana.La. R.S. 23:631–632

The federal Fair Labor Standards Act governs minimum wage, overtime, and the misclassification questions that drive most wage disputes — including off-the-clock work and salaried employees who were never truly exempt. Louisiana adds real teeth at separation: under the Louisiana Wage Payment Act (La. R.S. 23:631–632), a departing employee’s final wages are due by the next payday or within fifteen days, and an employer who fails to pay can owe penalty wages of up to ninety days’ pay plus attorney fees, subject to a good-faith-dispute exception.

The firm advises employers on compliance and pay practices, defends wage claims and FLSA collective actions, and pursues clear cases of unpaid overtime, off-the-clock work, and withheld final pay.

05

Severance, Separation & Employment Agreements

A clean separation is a drafted one.Employment & severance agreements

The documents that begin and end the employment relationship are where risk is allocated — or created. The firm drafts and negotiates offer letters, executive and employment agreements, and severance and separation agreements with enforceable releases. Where a release covers an employee aged 40 or older, it must satisfy the federal Older Workers Benefit Protection Act — with its consideration periods and revocation right — to be effective, a detail that quietly defeats many do-it-yourself releases.

For employees, the firm reviews severance packages and releases before they are signed, so you understand what you are giving up and whether the terms are fair.

06

For Employees: Select Representation

Both states are at-will — but at-will is not without limits.The exceptions are where the case is

Louisiana and Mississippi are both at-will states: absent a contract, an employer may generally end the relationship for any reason or none. But at-will has limits — an employer still may not fire you because of a protected characteristic, in retaliation for protected activity, or in violation of a specific statute. The firm represents select employees where the wrong is clear and well-documented:

  • Discrimination, harassment, and retaliation
  • Unpaid wages, overtime, and withheld final pay
  • Wrongful termination within the recognized statutory exceptions
  • Review of severance agreements and non-competes before you sign

Because the firm also counsels employers, every prospective representation is conflict-checked first — one reason the intake conversation starts with a few names, not your story.

Also Handled

The full range of workplace matters.

  • FMLA leave and interference claims
  • Unemployment-compensation appeals (LWC & MDES)
  • Reductions in force and WARN Act notice
  • Military leave under USERRA
  • Independent-contractor classification disputes
  • Workplace policies, training, and internal investigations

A workplace question is rarely just one question.

Confidential consultation · Employers & employees · Louisiana & Mississippi

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