Molina v. Oilfield Prod. Contractors, Inc.

241 So. 3d 337
CourtLouisiana Court of Appeal
DecidedDecember 29, 2017
Docket2017 CA 0455
StatusPublished
Cited by4 cases

This text of 241 So. 3d 337 (Molina v. Oilfield Prod. Contractors, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Molina v. Oilfield Prod. Contractors, Inc., 241 So. 3d 337 (La. Ct. App. 2017).

Opinion

McLENDON, J.

A former employee appeals a trial court judgment ordering payment of vacation leave by his former employer, but failing to award the employee penalty wages and attorney's fees. For the following reasons, we amend the judgment, and as amended, affirm.

FACTS AND PROCEDURAL HISTORY

Eugene Molina was employed by Oilfield Production Contractors, Inc. ("OPC") as a lead operator until he was terminated by OPC on July 23, 2015. On February 16, 2016, Mr. Molina filed a Rule to Show Cause seeking to hold OPC liable for failing to pay forty-four hours of accrued vacation pay allegedly owed him, as well as penalty wages, attorney's fees, and costs. OPC answered Mr. Molina's rule, asserting that he had been paid in full for the three vacation days earned at the time of his termination.

Following a hearing, the trial court found that Mr. Molina was owed $244.76, *339representing .89 days of pay. However, the trial court concluded that OPC had not acted in bad faith, and it denied Mr. Molina's claim for penalties and attorney's fees.

Mr. Molina has appealed, asserting that the trial court erred in concluding that he was entitled to only .89 days of vacation pay, and by refusing to award penalty wages and attorney's fees.

DISCUSSION

The Louisiana Wage Payment Act, LSA-R.S. 23:631, et seq. , is designed to compel prompt payment of earned wages upon an employee's discharge or resignation. Davis v. St. Francisville Country Manor, L.L.C., 13-0190 (La.App. 1 Cir. 11/01/13), 136 So.3d 20, 22. Specifically, LSA-R.S. 23:631(A)(1)(b) provides that upon resignation of an employee, the employer shall pay the employee "the amount then due under the terms of employment" on or before the earlier of the next regular pay day or fifteen days following the employee's discharge. For purposes of LSA-R.S. 23:631(A), wages are equivalent to the "amount then due under the terms of employment," i.e., wages, or compensation, earned during a pay period. Davis, 136 So.3d at 22. Subsection D(1) addresses vacation pay and provides as follows:

For purposes of this Section, vacation pay will be considered an amount then due only if, in accordance with the stated vacation policy of the person employing such laborer or other employee, both of the following apply:
(a) The laborer or other employee is deemed eligible for and has accrued the right to take vacation time with pay.
(b) The laborer or other employee has not taken or been compensated for the vacation time as of the date of the discharge or resignation.

The main purpose of the wage payment law is to compel an employer to pay the earned wages of an employee promptly after his dismissal or resignation and to protect discharged Louisiana employees from unfair and dilatory wage practices by employers. Berard v. L-3 Communications Vertex Aerospace, LLC, 09-1202 (La.App. 1 Cir. 2/12/10), 35 So.3d 334, 342, writ denied, 10-0715 (La. 6/4/10), 38 So.3d 302.

In his first assignment of error, Mr. Molina contends that he is entitled to the full four days of vacation pay he earned under OPC's vacation policy and had not used at the time of his July 2015 termination, rather than the .89 vacation days awarded by the trial court. Specifically, Mr. Molina contends that he earned 7 days' vacation pay beginning on January 1, 2015, and since he had used only 3 vacation days at the time he was terminated, OPC owed him the balance of 4 days.

On the other hand, OPC contends that employees were only entitled to 7 days of vacation if they worked the entire year. Because Mr. Molina worked from January 1 through July 22, or 203 days out of 365 days, OPC maintains that Mr. Molina accrued 3.89 days at the time he had been terminated. OPC maintains Mr. Molina had therefore accrued only 3 full vacation days; had already been paid for 3 vacation days (April 9, 10, and 11) at the time he was terminated; and was owed nothing further. Nevertheless, OPC has not challenged the trial court's finding that Mr. Molina was owed vacation pay for .89 days.

In interpreting contracts, we are guided by the general rules contained in LSA-C.C. arts. 2045 - 2057. Campbell v. Melton, 01-2578 (La. 5/14/02), 817 So.2d 69, 74. The interpretation of a contract is the determination of the common intent of the parties with courts giving the contractual words their generally prevailing meaning unless *340the words have acquired a technical meaning. LSA-C.C. arts. 2045 and 2047 ; Campbell, 817 So.2d at 74. When the words of a contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the intent of the parties. LSA-C.C. art. 2046 ; Campbell, 817 So.2d at 75.

When the terms of a written contract are susceptible to more than one interpretation, or there is uncertainty or ambiguity as to its provisions, or the intent of the parties cannot be ascertained from the language employed, parol evidence is admissible to clarify the ambiguity or show the intention of the parties. In cases in which the contract is ambiguous, the agreement shall be construed according to the intent of the parties. LSA-C.C. art. 2045. A doubtful provision must be interpreted in light of the nature of the contract, equity, usages, the conduct of the parties before and after the formation of the contract, and of other contracts of a like nature between the same parties. LSA-C.C. art. 2053 ; Amend v. McCabe, 95-0316 (La. 12/1/95), 664 So.2d 1183, 1187-88. Contract interpretation of ambiguous terms requires construction against the contract's drafter. LSA-C.C. art. 2056, Campbell, 817 So.2d at 75.

Whether a contract is ambiguous or not is a question of law. Amitech U.S.A., Ltd. v. Nottingham Const. Co., 09-2048 (La.App. 1 Cir. 10/29/10)

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Bluebook (online)
241 So. 3d 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/molina-v-oilfield-prod-contractors-inc-lactapp-2017.