Wrongful Termination in Nevada
What Is Wrongful Termination?
While an employer does have discretion over the hiring and firing of employees, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates Nevada law, federal law, or an employment agreement. Being fired from a job is never easy. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
According to the Nevada Legislative Counsel Bureau, Nevada recognizes at-will employment, in the absence of an employment contract or collective bargaining agreement. As well, an employer cannot fire an employee if doing so violates Nevada statute. Discrimination or retaliation for whistleblowing constitutes violations of the statute. Furthermore, the Nevada Supreme Court has confirmed the public policy, implied contract, and implied covenant of good faith and fair dealing exceptions to at-will employment.
Types Of Wrongful Termination
In Nevada, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect wrongful termination. In the following paragraphs are some of the red flags that you should watch out for.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. Nevada state, federal, or local laws prohibit these reasons.
Nevada became a right-to-work state in 1952. Under Nevada law, an employer cannot deny an employee work because they join or refuse to join a union. In addition, a union cannot pressure an employer to hire only union workers.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you fired for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
If you believe that you have been penalized or fired in Nevada for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced Nevada attorney can walk you through the process to help ensure the best possible outcome.
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
Under Nevada’s Whistleblower Protection Act, an employer cannot take adverse action against an employee because of the employee’s engagement in a protected activity. Protected activities include reporting unlawful behavior, cooperating with a government investigation, or voicing safety and health concerns. Adverse action includes termination, discipline, harassment, blacklisting or downgrading conditions of employment.
There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated in Nevada
Are you suffering from wrongful termination? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the Nevada laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
According to the Nevada Equal Rights Commission (NERC), you must file a employment discrimination complaint with NERC within 300 days of the violation. This deadline also applies if you are filing your complaint with the federal Equal Employment Opportunity Commission.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and start the process sometime before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced Nevada wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Nevada employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.
The Nevada Equal Rights Commission is responsible for the enforcement of both state and federal employment discrimination laws. You can begin filing a complaint with NERC by submitting the online Employment Discrimination Form. The NERC has two offices in the state, with locations in both Las Vegas and Reno.
If you are filing with the Equal Opportunity Commission (EEOC), the Las Vegas Local Office handles complaints in Nevada. The Las Vegas Office is part of the EEOC’s Los Angeles District Office.
Why You Should Hire a Wrongful Termination Lawyer
Filing a wrongful termination lawsuit in Nevada can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to have someone listen helps to ease the burden they’ve been carrying.
We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced Nevada attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.
Our company charges no fees to connect you with the legal services you need. Some Nevada attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified Nevada attorney who can help you fight for your job or get justice for the wrongful termination you suffered? We can even help you connect with an attorney across Nevada state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!