Henderson Employment Law Attorney

What You Need to Know About Wrongful Termination in Nevada and why you will want a Henderson Employment Law Attorney

If you have been fired and you think it was unfair, there may be legal measures you can take against your employer. Although at-will employment states, such as Nevada, do not have any laws restricting an employer from firing their employees, there are certain exceptions that could render a dismissal as wrongful termination. Let us review some of the circumstances under which a termination may be deemed unlawful and how a Henderson Employment Law Attorney can offer you assistance.

Grounds for Wrongful Termination

Employment Contract

When an employee enters into a contract with their employer, there are certain provisions in the contract that stipulate conditions when an employee may be fired or is allowed to resign. In the absence of a written contract, they may be an oral or implied arrangement regarding the terms of work. Where such a contract exists, an employer is not at liberty to dismiss an employee whenever they want. Furthermore, this exception also holds when an employer gives their employee a manual or handbook with the rules, standards, or conditions related to their job. Therefore, when an employer fires their employee without regard to the employment contract, this is deemed as wrongful termination and their employee can take action against them.

Violation of Public Policy

When an employee’s termination is against public policies in Nevada, it may be considered unlawful. For example, when an employer fires their employee for pursuing a worker’s compensation claim, or for refusing to commit an illegal act, or for taking a leave of absence during a pregnancy or after giving birth, these acts are against public policy and thereby amount to wrongful termination. A Henderson Employment Law Attorney will help you determine which actions are a violation of public policy in your state.

Whistleblower’s Acts

Federal and state laws frown against employers who fire their employees for whistle blowing. When an employee informs the government about the illegal activities of their employer, this act is called whistle blowing. Whistle blowers reveal illegalities such as mismanagement of funds, money laundering, tax evasion, and unethical professional practices. Firing an employee for whistle blowing qualifies as wrongful termination and may requite the assistance of a Henderson Employment Law Attorney.

Bankruptcy Act

Federal laws such as the Bankruptcy Act protect employees against being fired. This means that when an employee is dismissed from work after filing for bankruptcy, they can pursue a suit against their employer.

Constructive Wrongful Termination

When an employer makes working conditions so horrible such that an employee is forced to quit, this is called constructive wrongful termination. According to Federal Laws, if the treatment of employees or the conditions of a particular job are terrible to the point that no reasonable person would tolerate to work in such circumstances, the employee has the right of resigning and seeking compensation for lost wages based on their wrongful termination. By seeking guidance from a Henderson Employment Law Attorney, you will be sure to know if you have recourse.

Discrimination

Federal laws protect employees against being fired due to discriminating factors such as their race, sexual orientation, religion, disability, or pregnancy. When an employee is fired due to discrimination, this is considered unlawful termination and is actionable in court. Contact a Henderson Employment Law Attorney such as Gabroy | Messer to proceed with your case.

How a Henderson Employment Law Attorney Can Help You in a Wrongful Termination Case

When a Henderson Employment Law Attorney takes on your wrongful termination case, their aim is to have your former employer pay you for the losses you have incurred because of the termination. Your attorney will help you secure the following forms of damages:

• Lost Income – This form of damages covers the pay your employer would have given you had they not terminated your employment. It also includes any unpaid wages, overtime, and compensation that your employer has not submitted to you.
• Lost Benefits – A Henderson employment attorney can further help you secure damages for lost benefits. These include dental and medical insurance, 401k plans or pension, profit-sharing, and stock options.
• Emotional Distress – In some wrongful termination cases, the employee may be bruised emotionally. This is often the case when a person is fired because of their disability, race, religion, or sexual orientation. A Henderson employment attorney has to prove with the help of a medical expert that you have suffered emotionally before you can receive damages for emotional distress.