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Leonor ENCALARDE v. NEW ORLEANS CENTER FOR CREATIVE ARTS/RIVERFRONT.



In re State of Louisiana through the New Orleans Center for Creative Arts;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. A, No. 2009–01902; to the Court of Appeal, Fourth Circuit, No. 2014–C–0925.

Granted. In order to bring an action under La. R.S. 23:967, the employee must establish the employer engaged in workplace conduct constituting an actual violation of state law. See Accardo v. Louisiana Health Services and Indemnity Company, 05–2377 (La.App. 1 Cir. 6/21/06), 943 So.2d 381; Hale v. Touro Infirmary, 04–0003 (La.App. 4 Cir.11/3/04), 886 So.2d 1210, writ denied, 05–0103 (La.3/24/05), 896 So.2d 1036. Plaintiff has failed to present any evidence indicating relator engaged in any conduct which would constitute a “violation of state law” for purposes of La. R.S. 23:967(A)(1). Accordingly, the judgment of the district court is reversed, and summary judgment is granted in relator's favor.

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Encalarde v. New Orleans Ctr. for Creative Arts/Riverfront
(Feb 13, 2015)