The Informer recently received an envelope from a reader who had questions about policies established by her erstwhile employer, a local doctor.

The envelope contained a letter, some of the reader’s personal documentation of goings-on at the office, copies of various interoffice notes and a copy of the office’s employment policy, which she had initialed.

In her letter, the reader says she believes she was fired from her job because she violated two office policies — one written, the other not.

The first, listed on the policy sheet, prohibits workers from bringing pork products into the office to eat. The second — which she says was spoken, not written — bars workers from smoking during the commute to work or during the workday, even if they’re away from the office.

In her letter, the reader, who had worked at the office for two years, says the doctor had found her eating boudin and eggs for breakfast one day. She said that later that day, after she had returned from lunch, he complained of smelling smoke on her clothes.

She claims he told her that “when someone goes above me I fire them.”

Two days later, she says, the doctor called her into his office and terminated her employment, saying only: “Your services are no longer needed.”

Office Policies

The no-pork rule appears at the top of the policy sheet. “Eating of any pig product is not allowed anywhere in the clinic, including the break room [including: bacon, pork, pepperoni, salami],” it reads.

The policy sheet mentions smoking, but only in a general, not-on-these-premises way: “Drugs, Smoking & Alcohol policy: None permitted.”

The policy bars overtime — “No over-time allowed,” it reads — and reminds workers that “employment is ‘at will.’ ” An addendum, signed by the reader, says workers “must give at least a 4 week notice before terminating their employment … or pay a penalty equal to 1 month gross pay.”

Among the scribbled interoffice notes the reader sent was one that showed calculations on how much a worker would have to pay if she failed to provide the required month’s notice.

“Quit: pay $1500 & then, 30 days count-down will start,” it reads. “If quit right now, pay $1500 plus $2000 gross salary for 1 month. Pay $3500 now & quit.”

The personal account the reader sent describes an oppressive work environment and refers to an ultimatum the doctor gave to a pregnant worker: Return to work two weeks after giving birth or lose the job.

The documentation also describes instances in which the doctor ordered a newly hired worker to wear makeup and fingernail polish and asked her about her period — so he would know when she was “grouchy.”

According to the reader’s account, the worker quit after little more than a day.

Legal Prohibitions

The law is silent on the question of making a worker wear makeup. But Bill Corbett, an LSU professor who specializes in employment law, said that imposing such a qualification on female workers may violate both state and federal sexual discrimination laws.

He said the question about the woman’s menstrual cycle is a clear violation of sexual harassment laws.

The pork ban is a “weird requirement,” Corbett said, but no federal or state law explicitly addresses such a policy. Juan Rodriguez, a Labor Department spokesman, agreed, writing in an email, “There is not a federal law requiring employees to eat certain foods.”

Still, Corbett said, a case could be argued that the policy constitutes an illegal imposition of religious beliefs, if the doctor is Jewish or Muslim and imposes the ban for other-than-secular reasons.

The law is explicit on a couple of points, however, Corbett said: Both the smoking ban and the month’s pay policy are illegal.

Under state law, employers can’t bar workers from smoking in their own cars on the way to and from work. R.S. 40:1300.256, part of the Louisiana Smokefree Air Act, exempts “private homes, private residences, and private automobiles” from smoking bans.

Additionally, Corbett said state law prohibits discrimination against people because they smoke. But he said it’s unclear whether someone could successfully sue on that basis alone.

On the month’s pay issue, Corbett said, employers and workers are free to reach agreements on how their relationship should be dissolved. But he said the doctor’s policy — the payment of a full month’s gross pay — is excessive and violates Louisiana R.S. 23:635, which prohibits the deduction of fines from workers’ pay.

Because the office employs fewer than 50 people, the doctor needn’t comply with the federal Family and Medical Leave Act, which allows up to 12 weeks of unpaid leave for new mothers and fathers.

Corbett said the state has pregnancy discrimination laws, but no statute to cover what the reader describes. Those that mention pregnancy disability leave apply to businesses that employ more than 25 workers.

As far as the overtime prohibition is concerned, if it refers to the practice of keeping workers’ time at or below 40 hours in a week, it’s acceptable.

But if it refers to a refusal to pay employees time and half when they exceed 40 hours — what the reader says it meant — it’s a violation of federal law and should be reported to the Department of Labor’s Wage and Hour Division office in New Orleans at 504-589-6171.

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The Informer answers questions from readers each Sunday, Monday and Wednesday. It is researched and written by Andrew Perzo, an American Press staff writer. To ask a question, call 494-4098, press 5 and leave voice mail, or email informer@americanpress.com.