What is Wrongful Termination in Nevada?
Nevada is an at-will employment state. Employees can quit their job whenever they like, and 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 Wrongful Termination in Nevada. The laws governing wrongful termination in Nevada are generally designed to stop employers from engaging in discriminatory, retaliatory, or abusive behavior. A single rule or statute is not sufficient to establish wrongful termination. A claim for wrongful termination in Nevada must be based on specific legal protection provided by federal or state law.
Federal Laws Prohibiting Employment Discrimination
While not “wrongful termination” laws, there are a number of federal civil rights laws that have the effect of defining discriminatory employment behavior that could be considered wrongful termination in Nevada. Here are some examples:
- 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.
- It is unlawful for employers to discriminate against workers aged 40 and older due to the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq.
- It is also against the law for employers to discriminate against employees with disabilities because of the Americans with Disabilities Act of 1990 42 U.S.C. 12101 et seq.
- Employers are prohibited from discriminating against an employee based on an employee’s genetic information due to the Genetic Information Nondiscrimination Act of 2008, (GINA).
These statutes prohibit discrimination and prevent employers from retaliating towards employees who raise concerns about possible violations. Employees who provide information about illegal behavior by their employer are protected by numerous other statutes as well. Employees who report to the Securities and Exchange Commission about violations of federal securities laws 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 complaints to be filed. Federal employees may have different rules. The U.S. Equal Employment Opportunity Commission provides valuable information regarding federal employment laws.
Wrongful Termination in Nevada 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 also prohibited from discriminating against disabled employees who utilize service animals. Other laws ban employment decisions that are based on credit information or other lawful activities during work hours. State laws are limited just as federal laws and can only be applied to certain employers. Information regarding the state’s employment laws is provided by the Nevada Equal Rights Commission.
Another source of wrongful termination in Nevada lawsuits comes through 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 employment relationship. Nevada law states that an employer cannot fire an employee prematurely if it promises them a job for a certain period of time. An employment contract may contain mechanisms to end the relationship earlier if it is written. Sometimes, wrongful termination in Nevada can occur when employment contracts don’t get written down. This could be because they were not signed, accepted orally, or implied. If a manager informs an employee her job is secured up 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 in Nevada. Gabroy Law Offices 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 attorney. You can also reach us online.
Do I Need to Retain an Unlawful Termination Attorney for Wrongful Termination?
If you believe that you were terminated from your job illegally, you may be able to successfully file a wrongful termination suit against your former employer. This may be true even if you were fired “for cause.” An attorney may be a good idea as wrongful termination proceedings can be complicated and involve complex legal proceedings. So what constitutes wrongful termination and how can an Unlawful Termination Attorney help?
Do You Have A Valid Wrongful Termination Case? Check out our Wrongful Termination Checklist. Includes 8 Examples of Wrongful Termination.
Christian Gabroy was interviewed on Fox 5 News about whether or not employers can mandate that employees get the Covid-19 vaccinations. Some employers are mandating that employees must be vaccinated against Covid-19 in order to keep their jobs. Christian is quoted to...