Nevada Wrongful Termination

There are both state and federal laws in place that protect Nevada employees from wrongful termination, or being fired for reasons that violate anti-discrimination laws, employment contract or public policy, and employees who are fired for any of these reasons may have a claim for wrongful termination against their employer. Every state’s laws on wrongful discharge are different, so if you are pursuing a wrongful termination claim against your employer in Nevada, contact an experienced Nevada employment law attorney today to discuss your legal options. With a knowledgeable lawyer on your side, you can ensure that your rights are protected and significantly improve your chances of a favorable outcome in court.

At-Will Employment in Nevada

Nevada is one of the many states where at-will employment laws are in effect, which gives employers in Nevada the right to fire an employee at any time and for any reason, or for no reason at all, without opening their company up to liability. However, there are some important exceptions to this rule in Nevada and other states, and these exceptions protect employees from being fired in violation of public policy or a written, oral or implied employment contract, in retaliation for exercising their rights, or on the basis of a “protected characteristic,” such as religion, age, disability or national origin. Should an employer fire an employee for any of these reasons, the employee may have a valid claim for wrongful termination.

Types of Wrongful Termination in Nevada

There are many different forms wrongful termination can take in the workplace, and an employee’s discharge from employment may be considered wrongful if it falls under any of the following categories:

• Breach of Contract – If the employee and employer have a written, oral or implied contract that promises an employee job security, and the employee is fired without good cause, he may have a claim for wrongful termination. A discharge from employment may also be considered wrongful if it violations public policy. For example, if the employee is fired for filing a workers’ compensation claim, for refusing to break the law, or for missing work to fulfill certain personal responsibilities or civic obligations.
• Retaliation – It is also against the law in Nevada for an employer to fire an employee in retaliation for exercising his rights as a whistleblower. Employees who report workplace safety violations, illegal conduct, corporate fraud or discriminatory actions on the part of the employer to the appropriate authorities are protected under federal whistleblower laws, and cannot be fired for retaliatory reasons.
• Discrimination – There are federal and state laws in place that prohibit employers from firing employees because of their membership in a protected class. Under Nevada labor law, these protected characteristics include: race, color, sex, national origin, religion, disability, age, genetic information, citizenship status, sexual orientation, and gender identity or expression.

Filing a Nevada Wrongful Termination Claim

Wrongful termination laws in Nevada provide protections for employees who are fired for discriminatory or retaliatory reasons, or in violation of an employment contract or public policy, and offer civil remedies for victims of wrongful termination. However, before filing a lawsuit for wrongful termination, employees in Nevada must first file a complaint with the Nevada Equal Rights Commission (NERC) or the Equal Employment Opportunity Commission (EEOC), the state and federal agencies responsible for enforcing anti-discrimination laws in the workplace. Should you then decide to bring your wrongful termination claim to court, your first course of action should be to enlist the help of a qualified attorney who has experience handling Nevada wrongful termination claims.