Louisiana Whistleblower Law
Civil Law State–whistleblowers protected under statutes.
Court Decisions:
- Hale v. Touro Infirmary, 886 So. 2d 1210 (La. 2004)
- Ray v. City of Bossier City, 859 So.2d 264 (La. 2003).
- Thomas v. ITT Educational Services, 2012 WL 1964501 (E.D. La. 2012)
- To be protected under the state’s main whistleblower law an employee must first notify his or her employer of the alleged violation.
- The law provides coverage for employees who report illegal work practices and object to or refuse to participate in these practices. There is no requirement that the employee make a disclosure to the government. Danna v. Ritz-Carlton Hotel, 2016 La. App. LEXIS 902 (La App. 4 Cir. 2016).
Statutes:
- LA Rev Stat § 23:967 (general whistleblower protection law) (strict definition of protected disclosures and provisions permit employees who use law to be sanctioned)
- LA Rev Stat § 23:967 (workers’ compensation)
- LA Rev Stat § 39:2163 (Hurricane Relief)
- LA Rev Stat § 30:2027 (environmental whistleblowers)
- LA Rev Stat § 42:1169 (public employees)
- Richardson v. Axion Logistics, 780 F.3d 304 (5th Cir. 2015) (sustaining cause of action under § 23:967)
Frequently Asked Questions
Does Louisiana have a False Claims Act (FCA)?
Louisiana has the Medical Assistance Programs Integrity Law, which applies only to healthcare fraud covered by the state’s medical Assistance Act.
Does the Louisiana law have a whistleblower provision?
Yes. Whistleblowers under the Louisiana law who successfully aid the state in bringing an enforcement action will receive between 15 and 25 percent of the recovery in cases where the state intervenes and 25 and 30 percent where the state does not intervene.
Does Louisiana recognize the public policy exception for wrongful termination?
No.
