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What is Wrongful Termination in Nevada?

Published in Uncategorized 2 mins read

Wrongful termination in Nevada refers to the unlawful dismissal of an employee by an employer in violation of their legal rights or protected characteristics. While Nevada is largely an "at-will" employment state, meaning an employer can generally terminate an employee for any reason or no reason, there are crucial exceptions that define what constitutes an illegal or wrongful termination.

Understanding Nevada's "At-Will" Employment Doctrine

Nevada operates under the at-will employment doctrine, a fundamental principle in its labor law. This means that, in most cases:

  • An employer can terminate an employee for any reason, no reason, or even a bad reason, as long as it's not an illegal reason.
  • Similarly, an employee can leave their job at any time for any reason without notice.

This broad flexibility is the default rule, but it is not absolute. When an employer's reason for termination falls into one of the legally prohibited categories, the termination becomes wrongful.

Key Exceptions: When Termination Becomes Wrongful

Despite the at-will doctrine, a termination is considered wrongful in Nevada if it violates:

  1. Anti-discrimination laws: Federal and state laws prohibit discrimination based on certain protected characteristics.
  2. Retaliation laws: An employer cannot fire an employee for exercising a legally protected right.
  3. Breach of an employment contract: Explicit or implied agreements that alter the at-will relationship.
  4. Public policy: Terminating an employee for reasons that contradict a clear public policy or societal interest.

Let's explore these exceptions in detail.

Discrimination

It is illegal to terminate an employee based on their membership in a protected class. Both federal and Nevada state laws prohibit such discriminatory practices.

Protected Characteristics in Nevada (and under Federal Law):

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