Nevada employees are protected against Wrongful Termination Of Employment by both federal and state laws. Employees cannot be fired for reasons that are violating anti-discrimination laws or employment contracts. Each state has its own laws regarding wrongful termination. If you have any questions about a Wrongful Discharge claim against your Nevada employer, it is best to speak with an experienced Nevada employment lawyer today. A knowledgeable lawyer can help you protect your rights and increase your chances of a favorable result in court.
Nevada: At-Will Employment
Nevada is one of many states that have at-will employment laws. This gives Nevada employers the right to fire employees at any time, for any reason, or none at all. They are not subject to any liability in doing so. Nonetheless, there are important exceptions to the rule in Nevada, as well as other states. These exceptions are meant to protect employees against being fired in ways that violate an oral, written, or implied employment agreement, in retaliation, or on the grounds of a “protected characteristic”, such as religion, national origin, disability, or age. An employee who is fired by an employer for any one of these reasons may be entitled to a Wrongful Termination Of Employment.
Types of wrongful termination of employment in Nevada
Wrongful termination of employment can take many forms in the workplace. An employee’s dismissal from employment could be considered illegal if it falls within any one of these categories:
- Breach of Contract – If an employer and employee have a written, verbal, or implied contract promising job security, and the employee is dismissed without good cause, the employee may be entitled to wrongful termination. If the discharge is against public policy, it may be considered wrongful termination of employment. If an employee is fired because they filed a workers’ comp claim, refused to break the law, or missed work due to specific personal responsibilities or civic obligations, it could also be considered wrongful.
- Retaliation – It is against Nevada law for an employer or employee to fire him in retaliation for exercising their rights as whistleblowers. Federal whistleblower laws protect employees who report workplace safety violations or corporate fraud to the appropriate authorities. They cannot be fired for retaliatory reasons.
- Discrimination – Employers cannot fire employees for being members of a protected group under federal or state law. These protected characteristics are defined by Nevada’s labor law as race, national origin, sex, color, religion, disability, age, citizenship status, genetic information, sexual orientation, or sexual expression.
Filing Of A Nevada Wrongful Termination Of Employment Claim
Nevada’s wrongful termination laws provide protection for employees who are fired because of discriminatory or retaliatory motives or for violating an employment contract. They also offer civil remedies to victims. Employees terminated in Nevada are required to file a formal complaint either with the Equal Employment Opportunity Commission (EEOC) or the Nevada Equal Rights Commission (NERC) before they can file a lawsuit for wrongful termination. These are the federal and state agencies that enforce anti-discrimination laws at work. If you decide to take your wrongful termination case to court, it is a good idea to seek the advice of an experienced attorney who has dealt with Nevada wrongful termination cases.
Nevada Wrongful Termination Of Employment Help