Hundreds of employees are wrongfully terminated from jobs each year without knowing their rights and legal abilities. Former employees wrongfully fired are entitled to legal rights, even in at-will states. What is a wrongful termination? Wrongful termination in Nevada is firing an employee illegally. Wrongful dismissal on discriminatory or retaliatory grounds, for example, is against the law.
Employees should not have to worry about being wrongfully terminated because of an employer’s prejudice or unfair treatment. Every state has employment laws for workers wrongfully fired from jobs to protect them from such scenarios.
For more information on unlawful termination in Nevada, read the comprehensive information in the topics below:
- Types Of Illegal Termination in Nevada
- Types Of Legal Termination in Nevada
- At-Will Employment Exceptions in Nevada
- Filing a Discrimination Charge With The Equal Employment Opportunity Commission in Nevada
- Filing a Lawsuit Against Your Employer in Nevada
Nevada Unemployment Resources
Types of Illegal Termination in Nevada
There are still types of illegal dismissal of employment specified in Nevada even though the state allows employers to fire certain employees at will. Some types of illegal terminations in Nevada override employers’ right to fire any employee for any reason. There are types of unlawful terminations that are against state law while others that are in violation of federal law.
Types of unlawful terminations from employment in Nevada on a state level include firing an employee despite contractual obligations. Of the types of illegal firing in NV, breach of a contract is the most difficult for an employer to disprove, particularly because the state recognizes written, verbal and implied contracts. This type of illegal dismissal of employment can include some employee handbooks as contractual relationships.
Another type of illegal termination of employment is firing an employee as a form of retaliation. Firing employees for asserting their worker’s rights is against the law. Examples of retaliatory firing include terminating an employee for requesting worker’s compensation, testifying against wage mismanagement, taking vacation days or any other legal right the worker has.
Types of illegal terminations in NV based on discriminatory grounds are against both state and federal law. Firing an employee because of race, nationality, religion, citizenship status, age, disability, pregnancy or sex is illegal.
Under Nevada state law, it is discriminatory to fire an employee based on gender expression or sexual orientation. Workers fired for any of the aforementioned reasons may have a sufficient case against their employers, called a “cause of action.”
Types of Legal Termination in Nevada
Several types of legal termination in Nevada protect employers from keeping workers who do not contribute to the job. In fact, there are plenty of legal reasons for terminating employees in Nevada because of its position on at-will employment practices. Some types of legal firing include terminating based on work performance, lack of competence and company downsizing. Employers have the legal right to fire employees for no reason as long as there is not an underlying issue that would make the termination illegal.
It is a good idea for employees to research the different types of legal dismissal of employment in NV to determine if they have a valid case after termination. If the reason why an employer terminates a worker falls under one of the types of legal termination of employment in Nevada, the employee will not be able to successfully file a wrongful termination claim.
At-Will Employment Exceptions in Nevada
What is employment at will? At-will employment is an effort to protect the interests of both employers and employees. With a few exceptions to at will employment, this federal law allows employers to fire employees and employees to quit for any or no reason. Employees wondering, “Is Nevada an at will state?” should know that almost all states currently enforce the law at some capacity.
The at will employment exceptions in Nevada are:
- Public policy exception: All employees are entitled to take time off of work for civic duties and personal obligations. For example, taking time off of work to vote, serve jury duty or serve in the military is acceptable.
- Implied contract exceptions to at will employment: Sometimes, employers promise workers job security through written, verbal or implied contracts. Employees with implied contracts are not subject to at-will employment laws.
- Covenant of good faith and fair dealing: Although employers technically have the right to fire an employee for no reason, the covenant of good faith assumes that the employer will not fire an employee without good cause.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Nevada
Filing a charge of discrimination in Nevada is available if an employee believes his or her termination pertained to the prejudice of race, sex, nationality, family status, sexual orientation, age, disability or gender expression. Former employees who wish to file a wrongful termination discrimination charge on an employer must first file a Charge of Discrimination claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the incident. Learning how to file a charge of employment discrimination is an easy process with a little legal help.
In terms of how to file an EEOC employment discrimination claim, the EEOC will give the terminated worker and former employer a chance to work out the conflict without legal intervention. If the mediation is ineffective, an EEOC agent will conduct an investigation to verify that the employer broke an employment law.
After filing a charge of discrimination in Nevada, the EEOC will give the former employee a Notice of Right to Sue (permission to file a legal claim formally) if they cannot conclude the issue through mediation and voluntary settlement or if they do not wish to pursue the lawsuit or in the event that they cannot determine a violation.
Filing a Lawsuit Against Your Employer in Nevada
Terminated workers wondering, “Can I file a lawsuit for wrongful termination?” first need to obtain a Notice of Right to Sue from the EEOC. After the EEOC approves the lawsuit, suing for wrongful termination in Nevada begins with the former employee accumulating evidence to support the claim. When filing a wrongful termination claim against employers, documents, witnesses and written statements are all acceptable forms of proof.
There are employment lawyers that help workers file lawsuits against employers for wrongful termination for a fee. If you file a lawsuit against your employer in Nevada and win, your former employer made have to pay the legal fees. The EEOC offers also offers legal advice on how to file a wrongful termination lawsuit if the terminated worker needs additional assistance.
Last Updated: October 18, 2022