Wrongful Termination And Retaliation

Unlike some states, Nevada is an “employment at will” state. This means that an employer can fire whoever they want, when they want, for whatever reason they want, with limited exceptions, as long as it is not for a discriminatory purpose. The two main exceptions are when you are covered by a collective bargaining agreement or have a contract (written, spoken, or implied) for employment.

It is illegal for your employer to retaliate against you and your co-workers for exercising these basic rights. Retaliation includes firing, suspending, demoting, disciplining, or otherwise discriminating against you for exercising these rights. You have the right to:

  1. Work in an environment that is free from occupational or health hazards, and report health and/or safety problems in your workplace;
  2. Apply and work in an environment that is free from discrimination, and file a complaint if you have suffered discrimination;
  3. Receive compensation for medical bills and lost work resulting from work-related injuries and illnesses (Workers Compensation);
  4. Be paid for every hour that you work, and file a complaint if you are not;
  5. Assist fellow workers who are exercising their rights; and
  6. Organize into collective bargaining units.

If you are acting on behalf of yourself and at least one other co-worker regarding improvement of wages, benefits, or other working conditions, you are protected from retaliation under the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) is the agency responsible for enforcing the NLRA. It refers to this type of activity as “Protected concerted activities”, and does not require that your goal be to form a union or organize into a bargaining unit.

If your employer retaliates against you, file a complaint with the NLRB within six months of the alleged violation, and have the complaint investigated. If you are a union member, contact your union representative.

To file a complaint with the NLRB, you should contact the closest regional office. If you win the complaint, you can win lost wages, benefits, and any other economic damages, as well as getting your job back. If you have to go to court to win the case, you may also win attorney’s fees.

NLRB – Northern Nevada
Regional Office 32 – Oakland, CA
1301 Clay St, Ste 1510N
Oakland, CA 94612
Tel: (510) 637-3300
Fax: (510) 637-3315
8:30am – 5:00pm PT

NLRB – Southern Nevada
Resident Office, Region 28
300 Las Vegas Boulevard South
Suite 2-901
Las Vegas, NV 89101
Tel: (702) 388-6416
Fax: (702) 388-6248
8:30am – 5:00pm PT

For more information about the NLRB, visit: https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/interfering-with-employee-rights-section-7-8a1

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