When an employee engages in behavior that an employer does not like, it is natural to expect the employer may decide to fire the employee. Nevada law recognizes “at-will” employment, which means an employer can terminate an employment relationship for almost any reason – or even no reason at all. However, there are important exceptions to the at-will standard and one exception is wrongful termination in retaliation for certain protected activities.
If you believe that you were wrongfully terminated because you exercised a valid right as an employee under the law, you should discuss what happened with a highly experienced wrongful termination lawyer at HKM Employment Attorneys as soon as possible. We will evaluate your situation and stand up for your legal rights against retaliation and wrongful termination.
What Constitutes Retaliation?
Retaliation can be defined as any adverse employment action in response to an employee exercising a legal right. There are many common forms of retaliation including:
- Refusal to hire;
- Pay decrease;
- Denial of promotion;
- Denial of pay increase;
When an employee loses their job because they took a certain protected action under the law, it constitutes wrongful termination based on retaliation.
Retaliation can be in response to many actions on the part of the employee, which can commonly include the following and more:
- Complaining of unlawful discrimination;
- Complaining of harassment or a hostile work environment;
- Filing a valid claim for workers’ compensation after a workplace injury or illness;
- Requesting or taking qualified family and medical leave;
- Engaging in protected organized labor activities;
- Reporting illegal behavior or misconduct of the employer (“whistleblowing”).
The law protects the rights of employees to engage in all of the above behaviors without fear of retaliation by their employer. Unfortunately, this is often not what happens and many employees find themselves terminated in spite of the law.
Retaliation Claims Can Be Challenging
The law gives a terminated employee the right to take legal action against their employer to seek damages they suffered as well as job reinstatement if they wish. However, retaliation claims can be complicated as an employer will almost never come forward and admit the termination was retaliatory. Instead, employers will generally offer another reason for the termination to conceal the unlawful retaliation.
Our skilled employment law firm has years of experience handling retaliation and wrongful termination claims and we know how to identify and prove when a reason offered by an employer is pretextual and not the true reason for your termination. We regularly take on these complicated claims because we are committed to standing up for employees who have had their rights violated.
Consult With an Experienced Las Vegas Wrongful Termination and Retaliation Lawyer Today
Being wrongfully terminated in retaliation can leave you feeling confused and unsure of how to stand up for your rights. You should always realize that the Las Vegas office of HKM Employment Attorneys is here to help. If you would like to discuss your specific situation and your options, please contact a Nevada wrongful termination attorney for a consultation today.