There are many people who lose their job that wonder what is considered wrongful termination. There is some confusion about what is and is not classified as wrongful in the state of Nevada. If you have questions, a wrongful termination attorney in Las Vegas of Dobberstein Law Group is ready to answer. Here is what you need to know.
What Is Wrongful Termination?
Wrongful termination is when a business fires a worker for reasons that are unlawful. While Nevada is an at-will employment state, meaning employers may fire a worker for any reason and at any time.
There are a few things that will qualify for wrongful termination. These situations are for discrimination on their color, sex, religion, race, sexual orientation, gender identity, age (if they are over 40 years old), disability, and other protected conditions under Nevada law.
Wrongful Termination in Federal and Nevada Laws
There are a few laws and precedents established both federally and state that protect wrongfully terminated employees.
Federal Regulations
A few of the federal examples of civil rights laws that can be used for an employer’s discriminatory actions in termination are the civil rights listed above in Title VII of the Civil Rights Act of 1964.
Agism for firing workers over the age of 40 is fixed in the Age Discrimination in Employment Act of 1967.
Disability discrimination is found in the Americans with Disabilities Act of 1990.
There are a few other statutes that protect an employee should they be fired in retaliation, such as the Sarbanes-Oxley Act for employees that notify the Securities and Exchange Commission of any employer violations. While there are some caveats to these statutes (for example, the employer business must be a certain size), they are still a precedent for bringing forth suits.
Nevada State Regulations
In addition to the federal laws on the books, Nevada expands on those with NRS 613.330, which prohibits an employer from unlawful employment practice, including but not limited to discrimination against those with service animals, their gender identity, and interference with aid or appliance for disability.
For many in Nevada, contract law becomes part of the suit as many businesses have employees sign documents that may change the at-will nature of the employment. A thorough overview of any employer/employee contracts, an employee handbook, etc., can tell an attorney if there are any changes that may be applicable in the plaintiff’s case.
Types of Nevada Wrongful Termination
There are a few different forms of wrongful termination in Nevada. A breach of contract can occur if you have documents that say one thing and the employer did differently. Retaliation can occur if the employer fires you for being a whistleblower, sharing safety violations, or other misconduct.
In cases of public policy, if the plaintiff was fired for refusing to be a part of any activity that would violate public policy, that can be a case of wrongful termination. Examples of public policy would be firing for filing workers’ compensation or going to jury duty. Lastly, there can be discrimination where the employer fires an employee for their protected class status. Any of these can be a form of wrongful termination and can result in a lawsuit.
How a Wrongful Termination Attorney in Las Vegas Can Help
Termination laws are complex, and there can be a lot of confusion surrounding them. Questions concerning both federal and state laws governing employment situations can be vexing. Having someone in your corner with years of experience and education in those areas can work to your advantage. Consult with an attorney to see about your case and have your questions answered about where your specific case falls under the myriad of examples of wrongful termination and what statute may cover you.
If you need a wrongful termination lawyer in Las Vegas, Dobberstein Law Group can help you. In an at-will employment state, many think they are not eligible for wrongful termination in Nevada. If you’ve been terminated, contact our office today to see if you have a case.