What is Wrongful Termination and Retaliation in Nevada?
When it comes to your employer terminating you, you should know that you cannot get fired over discriminatory reasons such as the following:
- Genetic Information
Discrimination in the workplace is illegal under Nevada state laws and federal law, even if you are in an “at-will” employment state.
Yet, what many employee’s fail to realize there is another thing that can easily get your employer in trouble and be another reason for a wrongful termination case, retaliation.
That’s what we are going to talk about today. We are going to answer your questions about what exactly retaliatory firing is and what you can do if you feel like that happened to you.
What are the Main Protected Activities?
Under law, employees can be protected under these two broad types of activities. These activities will ALWAYS protect you not to lose your job, even if the employer thinks otherwise.
Reporting Potentially Unlawful Behavior or Unlawful Behavior
As an employee, if you report your employers illegal or potentially illegal behavior, you will be protected against any retaliation or termination. However, you will need to have reported this in good faith and not to retaliation to the employer. You should note that when you report to state or federal law enforcement agencies are protected even internal reporting as well.
Partaking in an Investigation
Did you know that your employer cannot fire you or even retaliate against you, if you are involved in an investigation, hearing, or lawsuit that involves the illegal activities of your employer?
Yup, you read that right. If you were asked or subpoenaed to testify during the case, your employer cannot retaliate against you or fire you for that reason.
Examples of Things You Can Do That Won’t Result in Retaliation Firing
Now, that we discussed the broad two types of things that you can do without being retaliated against, but let’s really sit down and discuss what that means. For instance, what type of activities can you partake in. Below are the approved activities that will fit into one of the above categories:
Reporting Unlawful Conduct
- Reporting Environmental, safety, and health hazards
- Reporting harassment and/or discrimination
- Reporting any USERRA violations including refusal to reinstate or refuse to grant leave, or military discrimination
- Reporting hour and wage violations
Exercising Employee Rights
- Using your medical and sick leave rights
- Taking the time off to serve on a jury or vote
- Filing your workers’ compensation claim
- Requesting accommodations for religious and disabilities
- Refusing to follow through an order that could be assumed as discriminatory
Proving Wrongful Termination and Retaliation in Nevada
When you are trying to prove wrongful termination and retaliation in Nevada, there are three vital steps you will have to follow. These steps are listed below.
- You as the employee will need to have proof that you were involved in a protected activity that is labeled above.
- You as the employee would have had to have been punished in some way in the workplace meaning losing benefits or a promotion, being fired, or being demoted.
- You as the employee will be required to show proof of the punishment you received that was in DIRECT result of your involvement in that protected activity.
It is going to be vital that you demonstrate the connection between the protected activity you were involved in and what punishment resulted because of that activity. The law requires this connection to be established by presenting circumstantial and direct evidence.
Direct evidence would include verbal and written statements that the employee was let go for being involved in such protected activity.
Circumstantial evidence would include inferring that your punishment or firing was a result of your involvement in that protected activity.
Do I Need a Lawyer?
This can sound like a daunting task, especially if you are trying to figure out if what you did was under one of the above-protected activities.
If you feel as if your employer has fired you or punished you and you don’t know where to start with your case, it is best to contact an employment lawyer in Las Vegas for some much-needed help.
This type of case can be very tedious, especially gathering both your direct and circumstantial evidence for your labor board complaint.
When in doubt, contact an employment lawyer for your case, if you do not feel if you can represent yourself in the courtroom.