EMPLOYMENT

A written contract for employment is not required in Nevada. Most contracts are verbal. Furthermore, most employees are at will. In fact, all employees in Nevada are presumed to be at will employees unless there are specific provisions in a written employment contract or employee policy handbook. Employment may be terminated without notice, at any time, and without cause (i.e. for any reason or for no reason) by either the employee or the employer, as long as the reason is not illegal and does not violate Nevada public policy.

CAN I SUE MY EMPLOYER IF I AM FIRED?

Generally no. However, a few exceptions do exist. An employer cannot fire or discriminate against someone (a job applicant or employee) because of that person's race, color, religion, sex, national origin, age, or disability. In addition, Nevada law prohibits employers from discriminating against a person with a disability by interfering with that person's use of a service animal (for example, a guide, hearing, or helping dog) at their job. However, these laws only cover employers with 15 or more employees.

An employer cannot retaliate against a job applicant or employee for opposing any discriminatory employment practice, filing an employment discrimination charge, testifying, assisting, or participating in an investigation or proceeding alleging employment discrimination.

An employer cannot fire an employee if the employee's dismissal violates Nevada public policy. This occurs if an employer fires an employee for (1) refusing to violate the law and reporting the illegal conduct to the proper law enforcement authorities (not a supervisor); (2) refusing to work under conditions unreasonably dangerous to the employee; (3) accepting jury duty; or (4) filing a workers compensation claim.

A new law which became effective on October 1,1999 prohibits an employer who is located in the State of Nevada, and who is not a tax exempt or religious organization, from discriminating on the basis of sexual preference, whether it be heterosexuality, homosexuality or bisexuality.

The laws forbidding employment discrimination protect both men and women against sexual harassment. Men or women can sue their employer if they have been sexually harassed by other men or women on the job.

If you feel you were discriminated against in any way, immediately contact the Nevada Equal Rights Commission in Las Vegas at (702) 486-7161 or in Reno at (775) 688-1288. They will open a file and investigate your claim. If they cannot resolve your issue in a satisfactory manner, call Jeffrey S. Posin & Associates. We will review your claim and untake litigation if necessary to get you the justice you deserve!