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Legal Memorandum: Eligibility for a Set-off or Credit in LA

Issue: What facts must be proved in order to show eligibility for a set-off or credit in Louisiana?

Area of Law: Employee Law, Litigation & Procedure, Municipal, County and Local Law
Keywords: Set-off or credit; Illegally terminated
Jurisdiction: Federal, Louisiana
Cited Cases: 583 So. 2d 145
Cited Statutes: La. R.S. § 49:113
Date: 05/01/2010

A provision in the State administration statutes provides,

Employees in the state or city civil service, who have been illegally discharged from their employment, as found by the appellate courts, shall be entitled to be paid by the employing agency all salaries and wages withheld during the period of illegal separation, against which amount shall be credited and set-off all wages and salaries earned by the employee in private employment in the period of separation.

La. R.S. § 49:113.  Pursuant to this provision, if a plaintiff establishes that he or she was illegally terminated, and the plaintiff is awarded reinstatement and back pay, the governmental employer is entitled to a set-off or credit of any amount the employee earned in private employment during the interim of unemployment.  E.g., Ceaser v. State, 583 So. 2d 145, 147 (La. App. 1 Cir. 6/27/91).

According to the plain language of this provision, a defendant would be entitled to a set-off of any earnings gained in private employment during the interim period of unemployment, should the court find that a plaintiff is entitled to reinstatement and back pay. 

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