Nevada is an “employment-at-will” state. This means employers can fire workers for any reason. There are exceptions to employment-at-will. Nevada employers are guilty of unlawful firing employees when they dismiss them because:
- An employer discriminates against an employee on basis of race, religion, sex, and sexual identity/expression or sexual orientation.
- Firing is considered a breach of contract.
- Firing an employee is in retaliation for legally protected actions (such as a refusal to work in unsafe conditions).
What Grounds Are There For A Nevada Unlawful Firing Claim?
These are the three most common types of wrongful termination cases:
- The employee was a member of a protected group and was fired for it.
- Both the employer and employee were bound by a contract. The firing was a breach of the terms of the contract.
- In retaliation, the employer fired the employee who had made a protected act (e.g. whistleblowing).
These laws are not applicable to all employers. They do not apply to employers in Nevada who have 15 employees or more.
What Are Unlawful Firing Damages?
In wrongful termination cases, plaintiffs might be eligible to recover the following damages.
- Lost benefits and pay
- Suffering and pain
- Punitive damages
- Job Reinstatement
A judge can also direct that the defendant pays for the plaintiff’s legal fees and court costs.
Lost Benefits And Pay
Victims of illegal firing could be eligible to receive all benefits and money they have lost as a result of unlawful firing, which includes any of the following:
- Wages/Salary,
- Tips,
- Overtime Pay
- Bonuses,
- Insurance (Health, Dental, Eye, Life, Etc. ),
- Pensions And 401k Plans
- Profit-Sharing, And/Or
- Stock Options
A court can also order the defendant to pay the plaintiff “loss of future earnings”. This is money that the plaintiff would have received if he/she had not been fired. The plaintiff could also be entitled to a settlement if he/she finds a job that pays less than what he/she was fired for.
Suffering And Pain
The plaintiff’s emotional distress caused by the firing is called pain and suffering. It can be difficult to calculate because it is subjective and individual to each plaintiff. Employment lawyers often rely on mental health expert witness witnesses to assess the extent of the plaintiff’s suffering and pain.
Punitive Damages
Punitive damages are intended to punish defendants and deter others from making the same mistakes. This is in contrast to compensatory damages, such as back pay, which make plaintiffs “whole” by paying them back for what they wrongfully lost.
Courts may impose punitive damage if defendants are found guilty of a particularly shocking act. Because punitive damages can be more severe than compensatory damages, employment lawyers always seek them out.
Reinstatement
Sometimes, an employee who was fired wants to find a new employer. Other employees want to get their same job back. The case may allow courts to order employers to rehire employees they have wrongfully fired.
Reinstatement does not guarantee that an employee cannot be fired in the future. Employers can legally terminate an employee if they are found guilty of a fireable offense.
Work with an attorney for unlawful firing
You owe it yourself to reach out to our unlawful firing attorney if you’ve been the victim of unlawful firing. Call us today to learn more.
