Jones v. LeBlancJones v. LeBlanc
Plaintiff, Lawrence Jones, husband of Mary Jones, brought this suit under the provisions of
Plaintiff alleged that his wife, Mary Jones, was only paid $18.00 upon termination of her employment, whereas she was due the sum of $32.00 for work on Saturday, September 20, 1970, Monday, September 22, 1970, Tuesday, September 23, 1970, and two hours on Wednesday, September 24, 1970. At trial counsel for plaintiff sought to amend his pleadings to change the days of work to Saturday, September 20, 1970, Tuesday, September 23, 1970, Wednesday, September 24, 1970, and two hours on Thursday, September 25, 1970, the day her employment terminated, which would be the same number of days but different days from those originally set out. The amendment was objected to by counsel for defendants, and the Court disallowed the amendment but allowed the evidence subject to the objection.3
After taking the case under advisement, the trial judge, without assigning any reasons therefor, rendered judgment for plaintiff, Lawrence Jones, and against both defendants, in solido, in the sum of $12.50, together with legal interest from date of judicial demand and for all costs of court.
Plaintiff has devolutively appealed, contending on appeal that the trial court erred by failing to inflict the penalty of ninety days’ wages or $900.00 as provided by
We will amend the award in favor of plaintiff and give judgment in accordance with the penalty provisions of the statute.
The dispute as to the amount of wages due plaintiff‘s wife centers around the terms of her employment. Mary Jones testified she was hired by the defendant LeBlanc at a salary of $50.00 per week. The defendant LeBlanc denied that he hired plaintiff‘s wife and testified that she was hired by defendant Lapeyrousse‘s wife, Nancy Lapeyrousse. At one point in his testimony he corroborated Mary Jones by testifying that her pay was $50.00 per week. He also testified that each operator was to pay her $2.00 per day and that the shop was to make up the rest of her salary and that he was informed of this arrangement by Mrs. Nancy Lapeyrousse, who the evidence shows was responsible for managing the beauty shop. In other testimony he seemed to contradict the fact that Mary Jones would receive $10.00 per day, as she would not be paid by those operators who did not work. He also testified when counsel asked him to deny that Mary Jones was guaranteed $10.00 per day, “Well, I do not know what went on between Mrs. Jones and Mrs. Lapeyrousse in the back. All I know is what I was told.” There is
Mrs. Chris Richard, a beauty operator employed by defendants, testified that each beauty operator was to pay $2.00 per day for Mary Jones’ services and this amount was taken out of their checks. She also testified that there were five operators and that they all did not work every day. The defendant LeBlanc also corroborated the fact that all five operators did not work every day. The obvious conclusion to be drawn from this fact is that if plaintiff‘s wife‘s salary was dependent on the number of beauty operators who worked each day her salary would never have been $50.00 per week. However, the evidence shows that plaintiff‘s wife was paid $50.00 per week as evidenced by the stubs from her pay checks over an eleven-week period. We believe that plaintiff established that his wife‘s pay was $50.00 per week or $10.00 per day and that defendants owed her $30.00 wages for three days’ work and only paid her $18.00 upon termination of her employment and that there was no bona fide dispute as to the amount of wages due.
Plaintiff made demand for his wife‘s wages on Saturday, September 27, 1970, the date on which payment of wages was usually made by the defendants. This demand for payment was corroborated by the defendant LeBlanc who testified that plaintiff‘s wife complained to him that her check was short. Thereafter, he testified that plaintiff called him and demanded $12.00 more and when he attempted to explain why the check was short plaintiff became angry and threatened his life. We are of the opinion that the foregoing constitutes sufficient demand for payment under the provisions of
We have no quarrel with the proposition that the foregoing provisions being coercive or penal in nature must be strictly construed and that courts will refuse to allow penalties if the employer has some equitable justification for not paying wages timely, Harrison v. First National Funeral Homes, Inc., 244 So.2d 102 (La.App. 3rd Cir. 1971), writ refused, 258 La. 345, 246 So.2d 195, but when plaintiff proves that wages are due and demand is made therefor and a refusal to pay them occurs, then we have no hesitancy to invoke the penalties provided for therein. The defendants do not claim any equitable defense but contend that plaintiff‘s wife was paid the wages which were due her. This issue has been decided adversely to defendants by both the trial judge and this Court. We, therefore, are of the opinion that the penalty provisions of
The penalty provisions of
For the above and foregoing reasons, the judgment of the district court in plaintiff‘s favor is amended as hereinabove noted and is otherwise affirmed, all costs to be paid by defendants-appellees.
Amended and as amended, affirmed.
Notes
“It shall be the duty of every person, employing laborers or other employees of any kind whatever when discharging any laborer or other employee, or when any such laborer or employee has resigned, within twentyfour hours after such discharge or resignation, to pay the laborer or employee the amount due under the terms of employment whether the employment is by the day, week or month, upon demand being made upon the employer by the discharged or resigned laborer or employee at the place where the employee or laborer is usually paid.”
“Any employer who fails or refuses to comply with the provisions of