HLS 14RS-1164 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 819
BY REPRESENTATIVE LOPINTO
EMPLOYMENT/UNEMPLOYMENT: Provides with respect to unemploy ment
compensation benefits
AN ACT1
To enact R.S. 23:1601.1, relative to unemployment compensation; to provide with respect2
to qualification for benefits; to create a rebuttable presumption of cause in certain3
situations; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 23:1601.1 is hereby enacted to read as follows:6
ยง1601.1. Discharge for cause; rebuttable presumption7
When an employee is discharged by an employer and the employer8
subsequently replaces the employee with a new hire within a reasonable period of9
time, the presumption shall be that the employee was discharged for cause. The10
presumption provided for in this Section is rebuttable.11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 819
Abstract: Provides that when an employee is discharged and quickly replaced, the
presumption is that he was discharged for cause.
Present law provides that when an employee has left his employment without good cause
attributable to a substantial change made to the employment by the employer, he shall be
disqualified from receiving benefits. HLS 14RS-1164 ORIGINAL
HB NO. 819
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Present law provides that an employee is disqualified from benefits if he was discharged for
misconduct or if he fails to apply for or accept available, suitable work.
Present law provides that an employee is disqualified from benefits if he is not working due
to a labor strike, or if he is receiving or has received certain remuneration payments.
Present law provides that an employee is disqualified from benefits if he knowingly makes
a false statement or representation or was discharged for using illegal drugs.
Present law provides that an employee is disqualified from benefits if he did not work and
make a certain amount of wages in the base period.
Proposed law retains present law and adds a presumption that, if an employer discharges an
employee and then replaces the employee quickly, the employee was discharged for cause.
Proposed law provides that the presumption in proposed law is rebuttable.
(Adds R.S. 23:1601.1)