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Can I fire employees for reasons other than poor performance in Nevada? What are the requirements?

Can I fire employees for reasons other than poor performance in Nevada? What are the requirements?

Yes, an appointing authority may dismiss or demote any permanent classified employee when the appointing authority considers that the good of the public service will be served thereby [1.1]. However, it is important to note that no employee in the classified service may be dismissed for any reason relating to his or her religion, race, sexual orientation, or gender identity or expression [1.1].

It is also important to follow the proper procedures before dismissing, involuntarily demoting, or suspending a permanent classified employee. Before taking any disciplinary action, the appointing authority must consult with the Attorney General or, if the employee is employed by the Nevada System of Higher Education, the appointing authority’s general counsel, regarding the proposed discipline [1.1]. After such consultation, the appointing authority may take such lawful action regarding the proposed discipline as it deems necessary under the circumstances [1.1].

A dismissal, involuntary demotion, or suspension does not become effective until the employee is notified in writing of the dismissal, involuntary demotion, or suspension and the reasons therefor [1.1]. The Commission shall adopt regulations setting forth the procedures for properly notifying the employee of the dismissal, involuntary demotion, or suspension and the reasons therefor [1.1].

If you are considering a layoff, an appointing authority may lay off an employee in the classified service whenever the appointing authority deems it necessary by reason of shortage of work or money or of the abolition of a position or of other material changes in duties or organization [1.2]. The appointing authority shall give written notice of the proposed layoff to the Administrator within a reasonable time before the effective date of the proposed layoff [1.2]. The Administrator shall make such orders relating thereto as the Administrator considers necessary to secure compliance with the regulations [1.2]. The name of every regular employee so laid off must be placed on an appropriate reemployment list [1.2].

It is important to note that the term “employee” means a person who is employed in the classified service of the State pursuant to chapter 284 of NRS [3.1]. The term does not include a temporary employee who is employed for a fixed period of 4 months or less [3.1].

However, it is unlawful for any employer in Nevada to discharge, discipline, discriminate against in any manner or deny employment or promotion to, or threaten to take any such action against, an employee because of their request to use hours of leave pursuant to NRS 608.0198, participation as a witness or interested party in court proceedings related to an act which constitutes domestic violence which triggered the use of leave pursuant to NRS 608.0198, requested an accommodation pursuant to NRS 613.222, or an act which constitutes domestic violence was committed against the employee in the workplace of the employee [2.2].

If an employee believes they have been subjected to an unlawful employment practice, they may file a complaint with the Nevada Equal Rights Commission [2.3]. Any employer who violates any provision of NRS 613.800 to 613.854, inclusive, may be subject to civil penalties and compensatory and liquidated damages [2.1].

In summary, an appointing authority may dismiss or demote any permanent classified employee when the appointing authority considers that the good of the public service will be served thereby, but it is important to follow the proper procedures and not discriminate based on religion, race, sexual orientation, or gender identity or expression. If considering a layoff, written notice must be given to the Administrator and the name of every regular employee so laid off must be placed on an appropriate reemployment list. It is also important to note that there are certain unlawful employment practices that employers must not engage in.

Source(s):
Jurisdiction

Nevada