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Can I terminate employees without violating employment laws in Nevada? What are the requirements?
Requirements for Terminating Employees in Nevada
To terminate employees without violating employment laws in Nevada, employers must follow certain requirements.
- At-Will Employment: Nevada is an at-will employment state, which means that employers can terminate employees at any time and for any reason, as long as it is not discriminatory or retaliatory [2.2]. However, employers must still follow certain requirements when terminating employees.
- Final Paycheck: Whenever an employee resigns or quits, the employer must pay all wages and compensation earned and unpaid at the time of the employee’s resignation or quitting no later than the day on which the employee would have regularly been paid the wages or compensation, or within seven days after the employee resigns or quits, whichever is earlier [1.1].
- Layoff Notice: If an employer is laying off employees, they must provide written notice of the layoff to each affected employee in person or by mail, telephone, text message, or electronic mail. The notice must be provided in Spanish, English, and any other language that is spoken by not less than 10 percent of the employer’s workforce. The notice must include a notice of the layoff and the effective date of the layoff, a summary of the right to reemployment, and contact information for the person who the employer has designated to receive, on behalf of the employer, an aggrieved employee’s written notice of an alleged violation [2.7].
- Unlawful Acts: Employers are prohibited from taking adverse action against any person for seeking to enforce their rights pursuant to NRS 613.800 to 613.854, participating in proceedings pursuant to NRS 613.800 to 613.854, or opposing any practice proscribed by NRS 613.800 to 613.854. Employers are also prohibited from terminating, reducing in compensation, refusing to employ, or otherwise taking any adverse action against an employee who mistakenly, but in good faith, alleges noncompliance with NRS 613.800 to 613.854 [2.8].
- Enforcement and Penalties: The provisions of NRS 613.800 to 613.854 may be enforced by an aggrieved employee through the Labor Commissioner or in a civil action in any court of competent jurisdiction. An aggrieved employee may file a complaint with the Labor Commissioner or file a civil action in any court of competent jurisdiction alleging a violation of the provisions of NRS 613.800 to 613.854 only after providing the employer with written notice of the alleged violation and any facts known by the employee to support the allegation of the violation, and the employer is afforded 15 days after the date of receipt of the written notice to cure any alleged violation [2.1]. Any employer, agent of the employer or other person who violates or causes to be violated any provision of NRS 613.800 to 613.854 shall be subject to a civil penalty of $100 for each employee whose rights under the provisions of NRS 613.800 to 613.854 are violated, and the imposition of an additional sum payable to each employee as compensatory and liquidated damages in the amount of $500 for each day the rights provided to that employee pursuant to NRS 613.800 to 613.854 are violated [2.1].
Conclusion
In conclusion, employers in Nevada can terminate employees at any time and for any reason, as long as it is not discriminatory or retaliatory. However, employers must still follow certain requirements when terminating employees, including providing a final paycheck and layoff notice, avoiding unlawful acts, and being aware of the enforcement and penalties associated with violating employment laws in Nevada.
Source(s):
- [1.1] Payment of employee who resigns or quits employment.
- [2.1] Enforcement through Labor Commissioner or civil action; requirements; rebuttable presumption of violation by employer; awards; penalties; no criminal penalties for violation. [Effective through August 31, 2022.]
- [2.2] Liability of employer to employee; attorney’s fees and costs.
- [2.7] Employer required to provide written notice of layoff; timing; language; contents. [Effective through August 31, 2022.]
- [2.8] Adverse action by employer prohibited. [Effective through August 31, 2022.]
- [2.1] Authority of Nevada Equal Rights Commission to adopt regulations relating to federal statutes.
Jurisdiction
Nevada