Many employment relationships in Nevada are “at will,” which means the relationship can be terminated by either the employee or employer at any time. However, there are situations in Nevada in which termination of an employee violates the rights of the employee, the employer, or both.
Wrongful termination claims can be extremely complex depending on the basis for the allegations. First, it can be difficult to tell whether or not a particular termination was against the law or not. If you have any reservations or questions about a situation involving termination of an employee, it is best to discuss the situation with a knowledgeable employment attorney who understands Nevada and federal employment laws. Please do not hesitate to call the Las Vegas office of HKM Employment Attorneys for guidance today.
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Reasons For Wrongful Termination
There are many different circumstances under which a termination may violate a specific statute or common law. The following are only some situations that may represent wrongful termination:
- The employee was fired for discriminatory reasons based on their race, color, religion, sex, sexual orientation, gender identity, age (if over 40), actual or perceived disability, or other protected factors under the law.
- The employee was terminated because they made a complaint about unlawful harassment, a hostile work environment, or unlawful discrimination in the workplace.
- The employee was fired in retaliation for making a valid workers’ compensation claim, for taking qualified family and medical leave, or for making a claim under ERISA or other company benefit plans.
- The employee was fired in breach of an employment contract they signed with a set term of employment and there was no qualified cause for termination (note that an employee can also breach an employment contract by quitting before their term of employment is over).
- The employee was fired after reporting unlawful or unethical actions of the employer under either state or federal law (whistleblowing protections).
- The employee lost their job after refusing to engage in illegal activity, for exercising a lawful right or obligation such as voting or jury duty, or for other reasons that violate public policy.
As you can see, there are many reasons why an employee cannot be lawfully fired even in an at-will employment relationship. An employee who has been wrongfully terminated has the right to seek compensation they lost, their position back if they desire, and any other damages they incurred as a result of the termination.
It is important for employers to note that many former employees who are angry or disgruntled may try to make a false claim for wrongful termination. It is critical for you to seek legal representation if an employee accuses you of wrongful termination so the matter can be resolved as favorably and efficiently as possible.
Find Out How Our Las Vegas Wrongful Termination Lawyers Can Help You
HKM Employment Attorneys have handled many wrongful termination cases from both the side of the employee and the employer. If you have a dispute, please call our Nevada employment law firm for help as soon as possible.