How to Fight Wrongful Termination
If you believe that you were wrongfully discharged from your job, then you may be able to fight wrongful termination. Under the laws of Nevada, employment is considered to be at will, meaning that the employment may be terminated either by employer or employee for any reason whatsoever or for no reason at all. At the same time, any termination of employment that violates laws against discrimination, or that violates a contractual responsibility, or is done in retaliation, is illegal. There the claim may lie to fight wrongful termination.
Anti-Discrimination Laws
Employers may not terminate employment on the basis of any sheltered characteristic, including race/color, gender, national origin, religion, age, pregnancy, or disability. Some states also guard against discrimination on the basis of sexual orientation, gender identity, or immigration status. Violation of any such law will provide a basis to fight wrongful termination.
Contractual Obligation
If there is a signed employment contract, your employer is bound by the contract terms. The employer may also be obligated to honor verbal promises or an implied contract. An employer’s failure to follow an employment contract provides a clear basis for a wrongful termination claim.
Retaliation
Depending on state law, you may be shielded against employer retaliation in the event that you report a wrongful act by your employer. Also, if your employer attempts to require you to perform a wrongful act but you refuse, the employer will be barred from terminating you. Under these circumstances, you may fight wrongful termination.
Protected Time Off
Federal law and some state laws allow an employee to take unpaid leave to care for a family member or to recuperate after an illness. These laws also concern military members called into duty. An employer cannot fire an employee for exercising these rights.
Harassment
Not only does the law prohibit firing based on an employee’s age, gender, race, and other categories, but it also prohibits harassment based on those criteria. If offensive comments were made by an employer about age, disability, gender, or other prohibited categories, that may provide a basis to fight wrongful termination.
If you believe that you may have a claim to fight wrongful termination, you are advised to speak to an employment law attorney. Contact Gabroy | Messer online or call 702-259-7777 to schedule an initial consultation.
