220 So. 3d 92
La. Ct. App.2017Background
- From 1997–2010 Dan S. Collins and his corporation provided contracted consulting (land, title, environmental) to the Louisiana Department of Natural Resources (DNR) under fixed-term contracts and were paid via 1099s.
- Beginning in 2007 Collins reported suspected environmental violations involving two water-quality projects (Bayou Postillion and Big Bayou Pigeon) to DNR supervisors.
- DNR did not renew Collins’s contract for 2010; Collins sued (June 29, 2010) alleging retaliatory non-renewal in violation of La. R.S. 30:2027 (environmental whistleblower statute) and other statutes.
- The district court dismissed several statutory claims on exceptions; this court previously affirmed some dismissals but remanded the La. R.S. 30:2027 claim for further proceedings.
- A jury found Collins and his firm were DNR employees, awarded lost-wage damages, and the district court trebled damages under La. R.S. 30:2027. DNR appealed.
- The appellate court held Collins and his firm were independent contractors (not employees) as a matter of fact and law, reversed the jury verdict and district-court judgment, rendered judgment for DNR, and assessed appeal costs to Collins.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Collins and his firm were "employees" under La. R.S. 30:2027 | Collins asserted he was a public employee/consulting landman and treated as an employee who engaged in protected reporting | DNR argued Collins was an independent contractor under the contracts and thus not covered by the employee-only whistleblower statute | Held: Collins and his firm were independent contractors, not employees; jury finding to the contrary was manifestly erroneous; judgment for DNR rendered |
| Whether plaintiffs’ claims were prescribed | Collins did not concede prescription; argued timely as to alleged adverse actions | DNR argued claims were time-barred (prescription) | Held: rendered moot after finding no employee status |
| Whether plaintiffs waived claims by not pursuing administrative remedies for certain contract denials | Collins argued administrative remedies were not required or were inapplicable | DNR argued failure to exhaust/appeal administrative remedies waived claims | Held: pretermitted (not addressed) after employee-status disposition |
| Admissibility of evidence and alleged trial errors (motions in limine, summaries, prior contracts) | Collins relied on trial evidence and testimony admitted below | DNR challenged admissibility and asserted prejudicial errors | Held: pretermitted (not reached) after reversing on employee-status issue; motion to strike portions of appellee brief denied on appellate-record grounds |
Key Cases Cited
- Chiro v. Harmony Corp., 745 So.2d 1198 (La. App. 1 Cir. 1999) (statute protects employees, not independent contractors)
- O’Bannon v. Moriah Technologies, Inc., 196 So.3d 127 (La. App. 1 Cir. 2016) (factors for distinguishing employee vs. independent contractor)
- Tower Credit, Inc. v. Carpenter, 825 So.2d 1125 (La. 2002) (factors to determine independent contractor relationship)
- Hickman v. Southern Pacific Transport Co., 262 So.2d 385 (La. 1972) (control test for employer-employee relationship)
- Hulbert v. Democratic State Central Committee of Louisiana, 68 So.3d 667 (La. App. 1 Cir. 2011) (no single factor controls; totality of circumstances governs employee-status inquiry)
- Collins v. State ex rel. Dept. of Natural Resources, 118 So.3d 43 (La. App. 1 Cir. 2013) (prior appellate opinion addressing pleading-stage sufficiency of employee allegations)