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Fighting for Employee Rights

Wrongful Termination

At-Will Employment. In Nevada as in most states an employee is considered an at-will employee unless they have an employment agreement, are a member of a union or for some other reason can claim they are not an at-will employee.

Termination of an At-Will EmployeeAn at-will employee can be terminated for any reason or no reason at all.  For this reason it does not matter if an employer has “good cause” for terminating the employee.  Unless the reason for terminating the employee falls into one of the exceptions to at-will employment, the employee in most cases has no recourse through the court system to address their termination.

Exceptions to At-Will Employment.  Nevada recognizes exceptions to at-will employment when the employee is terminated in violation or public policy or is terminated in violation of state or federal discrimination laws.

Termination in Violation of Public PolicyNevada like most states recognize a cause of action for wrongful termination in violation of public policy when an employee is terminated in violation of a recognized public policy.

While the list is not exhaustive, Nevada has recognized a cause of action for wrongful termination in violation of public policy when the employee has been terminated for filing a worker’s compensation claim, for refusing to work in unreasonably dangerous conditions, for refusing to violate the law, for reporting illegal activity to state of federal authorities (whistle-blowing), for a wage garnishment being served on the employer to garnish the employee’s wages, for wage garnishment for child support payments being served on the employer, for being a witness in any judicial or administrative proceeding, for jury service and for voting.

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