Employment Law Attorney Las Vegas
Las Vegas Employment Law Attorney
Nevada is among the many “at-will” states in America. In such states, employers are allowed to fire employees at will. Employees are also entitled to resign from employment at will. Neither the employer nor the employee is required to give notice of their actions. However, there are some exceptions that may render an employer’s actions as wrongful termination.
If you have recently been laid off or fired, you may have legal recourse and will want to hire an Employment Law Attorney Las Vegas. You can hire an employment lawyer to have you reinstated or to uphold your rights in the case of a wrongful termination. Read on for the situations that qualify as wrongful termination and how an Employment Law Attorney Las Vegas can help you.
Grounds For Wrongful Termination
Wrongful termination refers to any illegal reason for laying off or firing a worker. The main situations that qualify as wrongful termination are:
- Termination Where There is an Employment Contract – If the employer and employee enter into an oral, implied, or written contract, an employer cannot fire an employee at will. Furthermore, if the employee is given a handbook or personnel manual dictating the terms of employment, their employer has no right to dismiss them from work.
- Termination That Goes Against Public Policy – When an employer fires their employee for turning down a request to perform an illegal act, or for missing work to attend jury duty, or for filing a workers’ compensation claim, this sort of termination is against public policy.
- Termination Based on Discrimination – Employees are also protected by federal against being fired on the basis of disability, pregnancy, race, age, sex, and religion. Termination on the basis of any form of discrimination is deemed to be unlawful.
- Termination of Whistleblowers – Federal laws further protect employees from retaliation from employers because of bringing to light safety violations, health violations, corporate fraud, and illegal conduct. Whistleblowers are protected from wrongful termination by the Sarbane-Oxley Act and many other environmental and safety laws.
- Constructive Wrongful Termination – When an employer makes working conditions unbearable to the point that their employee is forced to quit, this is referred to as “constructive wrongful termination”. According to federal law, if the treatment of employees or their working conditions are so severe such that no reasonable person can tolerate such an environment, the employee is allowed to quit and recover damages for lost wages.
What Type of Evidence Should You Gather?
To prove that you were wrongfully terminated from your job, an Employment Law Attorney Las Vegas will help you present evidence to support your claim. Such evidence can be in different forms including:
- Important documents such as records of employment contract or termination or any other proof that points to wrongful termination.
- Testimony and statements from the people responsible for your wrongful termination.
- Your record of events following up to your termination.
How an Employment Law Attorney Las Vegas Can Help You During a Wrongful Termination
The two main options that an Employment Law Attorney Las Vegas may offer you is to file a discrimination claim, seek a severance package or to file a civil lawsuit.
- A Discrimination Claim – If your employment has been terminated based on discrimination, an Employment Law Attorney Las Vegas can help you file a discrimination claim. These claims can either be filed with the “Nevada Equal Rights Commission” (NERC), or the “Equal Employment Opportunity Commission (EEOC).
- Severance Package – An employer cannot give severance pay if an employment contract, manual, or handbook does not entitle the employee to such a privilege. However, employees, through their lawyers, can negotiate for a severance package in turn for a promise that their employer will dismiss any legal action against them.
- Wrongful Termination Suit – If your Employment Law Attorney Las Vegas is unable to get a severance package from your employer, the next course of action is to file a wrongful termination suit. An Employment Law Attorney Las Vegas will have to gather evidence to defend a wrongful termination claim on the basis of any of the grounds listed above. For example, if your termination goes against your employment contract, your Employment Law Attorney Las Vegas will need to show provisions in the contract that outline circumstances under which you may be fired.
Gabroy | Messer represents and advises employees involved in employment related disputes. Further, we represent individuals at unemployment hearings.
Employment Law encompasses many areas including the following:
- Discrimination Law
- Age Discrimination
- Pregnancy Discrimination
- Sexual Harassment
- Whistleblower Law
- Wrongful Discharge
- Contract Disputes
- Hour & Wage Disagreements
- Labor Relations
GABROY | MESSER has significant experience with all the various types of discrimination cases, overtime and minimum wage claims, employee contract disputes, sexual harassment claims, breach of non-compete agreements , breach of confidentiality agreements, whistleblower lawsuits, and wrongful termination cases. Our attorneys are experienced in litigating cases involving the Family Medical Leave Act or “FMLA”, cases filed under the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights Act, and other state and federal employment laws.
Wrongful termination from work can be stressful not only for you but also for your dependents. If you have reason to believe that you have been wrongfully fired, you should consult Gabroy | Messer, an Employment Law Attorney Las Vegas immediately to have justice served. Call us at (702) 259-7777 or contact us online to schedule an initial consultation.
HOW CAN OUR ATTORNEYS HELP YOU?
If you feel that you have been wronged or are in need of legal counsel, contact Gabroy | Messer online or call us at 702-259-7777 for a confidential consultation with an Employment Law Attorney Las Vegas.
Las Vegas Office
GABROY | MESSER The District at Green Valley 170 S Green Valley Pkwy Henderson, NV 89012, USA Phone: Phone: (702) 259-7777 Fax: (702) 259-7704
GABROY | MESSER 1 North LaSalle St. Suite 1775 Chicago, IL 60602 Phone: Phone: (312) 372-0515 Fax: (312) 372-0520