What Is Unlawful Termination Of Employment In Nevada?
Nevada is an employment state that is open to all, meaning it is at-will. Employers can fire employees at will, regardless of whether they have done anything to merit losing their job. However, federal and state laws offer many exceptions to the general rule. They define when an employee who has been fired is entitled to sue for unlawful termination of employment. The laws governing unlawful termination of employment are generally designed to put a stop to employers from practicing discriminatory, retaliatory, or abusive behavior. A single rule or statute is not adequate to constitute unlawful termination of employment. A claim for unlawful termination of employment must be based on a specific legal protection provided by federal or state law.
Federal Laws Prohibiting Employment Discrimination
While not specifically being “wrongful termination” laws, there are a number of federal civil rights laws that have the effect of outlining discriminatory employment behavior that could be considered unlawful termination of employment. Here are some examples:
Title VII of the Civil Rights Act of 1964, 42 U.S.C. Employers are prohibited from firing employees based on race, color, religion, sex, or pregnancy, including conditions related to pregnancy, according to Title VII of the Civil Rights Act of 1964, 42 U.S.C.
The Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et cetera, prohibits discrimination against workers aged 40 and older.
The 1990 (ADA), 42 U.S.C. 12101 et seq., also known as The Americans with Disabilities Act, prohibits discrimination in employment against employees with disabilities.
The Genetic Information Nondiscrimination Act of 2008, (GINA), forbids discrimination based on an employee’s genetic information.
These statutes prohibit discrimination and prevent employers from retaliating toward employees who raise concerns about possible violations. Employees who provide information about illegal behavior by their employer are protected by numerous other statutes. Employees who report violations of federal securities laws to the Securities and Exchange Commission are protected by the Sarbanes-Oxley Act. These laws are generally only applicable to employers of a certain size and may also impose other technical requirements to allow for filing complaints. Federal employees may have different rules. The U.S. Equal Employment Opportunity Commission provides valuable information regarding federal employment laws.
Nevada Unlawful Termination Of Employment Laws
The Nevada law extends the federal law’s protections in several important areas. NRS 613.330 extends the federally protected areas to prohibit discrimination in employment based on an employee’s sexual orientation, gender identity, or expression. Employers are forbidden to engage in discrimination against service animal-aided employees. Other laws ban employment decisions that are based on credit information or other lawful activities that are conducted during off-work hours. State laws are not as comprehensive as federal laws and can only be applied to certain employers. The Nevada Equal Rights Commission supplies information on the state’s employment laws. Another source of unlawful termination of employment lawsuits in the state is contract law. Employers often require employees to sign an agreement defining their relationship “at-will”. This is because contracts can alter the at-will nature of the relationship. Nevada law states that an employer cannot fire an employee if it promises them a job for a certain period of time unless other portions of the contract have been violated and must be done in accordance with the terms of the contract. A written employment contract may contain mechanisms to end the relationship earlier. Sometimes, wrongful termination can occur when employment contracts don’t get written down. This could be because they were not written but are oral or implied. If a manager informs an employee their job is secured to a specific date or if the employee handbook outlines a limited number of situations in which an employee can be terminated, an employment contract may exist.
We Are Here To Help Las Vegas Workers
There are many complex laws that govern wrongful termination. Gabroy | Messer has experienced lawyers who can help you understand how federal and state laws might apply to your case. Call us at 702-259-7777 to schedule a consultation with an unlawful termination of employment attorney. You can also reach us through our contact page.