Working in the modern workplace can often feel like walking a tightrope. Whether you’re concerned about unfair treatment, facing wrongful termination, or enduring workplace discrimination, understanding your rights under employment law is critical. Consulting with an Employment Lawyer in Las Vegas can be an essential step to ensure your rights are protected.
According to a recent study, approximately 61% of employees in the U.S. have experienced or witnessed workplace discrimination.
For employees in Nevada, the situation can be particularly complex due to the state’s at-will employment rules.
Yet, as daunting as these challenges may seem, there are robust legal safeguards in place to protect workers. Dealing with everyone from the judicial law clerk all the way up to the judge can be a massive challenge.
This guide unpacks 5 essential things an employment lawyer in Las Vegas wants you to know about workplace rights, legal remedies, and the best ways to address potential violations.
There are plenty of things to know about discrimination claims, the federal agency, and how labor lawyers operate. However, a person’s employment contract.
Remember, we will discuss the Nevada state legislature and labor laws specifically, so the laws may be different for your state.
5 Things To Remember While Seeking An Employment Lawyer in Las Vegas
1. Nevada’s At-Will Employment Laws Aren’t Absolute
Nevada is an at-will employment state, which means that employers can terminate employees without cause or notice. However, this rule has significant exceptions. Both state and federal laws provide protections against arbitrary and illegal firings.
For instance, Nevada law and the Civil Rights Act make it illegal for employers to fire someone based on race, sexual orientation, gender identity, national origin, disability, or other protected classes.
Similarly, firing an employee in retaliation for reporting misconduct, such as sexual harassment or wage violations, violates the law.
Employers also cannot terminate employees for refusing to engage in illegal activities or for exercising their rights under Nevada’s wage and hour laws.
Why This Matters
Nevada’s at-will employment framework is often misunderstood by both employers and employees. Employers may misuse this doctrine as a shield for illegal behavior, but these wrongful terminations can be challenged through legal representation. Remember, the employment relationship is never one way and requires both parties to be treated justly.
Pro Tip
If you believe you’ve been wrongfully terminated, start gathering evidence immediately. Save emails, performance reviews, and other documentation that might support your case. An employment lawyer can review your situation and determine if your termination was unlawful.
2. Discrimination and Harassment Are Actionable Violations
Workplace discrimination and sexual harassment continue to plague Nevada workplaces despite strong legal protections. Under federal laws like the Americans with Disabilities Act, as well as state statutes, Nevada employers are prohibited from treating employees unfairly based on protected characteristics such as:
- Race, religion, or national origin
- Sexual orientation or gender identity
- Age, disability, or pregnancy status
Understanding Harassment
Workplace harassment includes any unwelcome conduct that creates a hostile work environment. This can range from derogatory remarks to repeated unwanted advances. Employers are obligated to investigate complaints and address the behavior promptly.
What to Do if You Face Discrimination or Harassment
- Document Everything: Keep records of incidents, including dates, times, and witnesses.
- Report the Behavior: Notify your human resources department or supervisor in writing.
- Seek Legal Advice: An employment lawyer can help you file claims with the Equal Employment Opportunity Commission (EEOC) or the Nevada Equal Rights Commission (NERC).
Pro Tip
Don’t let fear of retaliation deter you from reporting misconduct. Both state and federal agencies provide robust protections against employer retaliation.
3. Filing an Employment Claim Requires Timely Action
Pursuing justice for employment discrimination or harassment often begins with filing a complaint through an administrative agency such as the EEOC or NERC. However, strict deadlines apply, and missing these can undermine your case.
Key Deadlines
- For most federal claims, you must file with the EEOC within 180 days of the incident.
- The law in Nevada extends this window to 300 days if state laws are implicated.
- Once the agency issues a “right to sue” letter, you have a limited timeframe to file a wrongful termination lawsuit or employment discrimination claim in court.
Acting promptly ensures that evidence remains fresh and witnesses are accessible, strengthening your chances of a favorable outcome.
Why Timeliness Matters
Delays can make it harder to gather critical evidence like police reports, employment records, and witness statements. Working with a law firm experienced in employment litigation can streamline the process and protect your rights.
4. Employment Contracts and Agreements Are Negotiable
Many employees sign employment contracts, non-compete agreements, or severance agreements without fully understanding their terms. These documents often contain clauses that benefit the employer disproportionately, but they’re not always enforceable under Nevada law.
Common Employment Agreements
- Non-compete Clauses: These may prevent you from working for competitors after leaving a job. Nevada courts often strike down overly broad restrictions.
- Severance Agreements: These agreements cannot force employees to waive their right to file discrimination or harassment claims.
- Employee Handbooks: Even informal policies can create enforceable rights if they promise certain protections or benefits.
How a Lawyer Can Help
An employment lawyer plays a vital role in protecting your rights when it comes to employment contracts and agreements. They can thoroughly examine the terms of your contract to find any unfair clauses or conditions that might break state or federal laws. This careful review helps ensure that you’re not stuck with terms that only benefit your employer.
Moreover, having a lawyer by your side means you can negotiate better terms that are more favorable for you. If you encounter overly strict contracts, like non-compete clauses that limit your future job opportunities, a lawyer can challenge these restrictions. Nevada law often supports employees in such situations, offering a path to contest and potentially change unreasonable contractual obligations.
Working with a lawyer gives you a strategic advantage in managing the complexities of employment agreements. They ensure that your rights and interests are safeguarded, allowing you to focus on your career without worrying about unfair terms.
So, if you’re dealing with any employment contracts or agreements, having a lawyer can make a big difference in securing a fair and just outcome for you.
Pro Tip
Before signing any document related to your employment, consult an attorney. A quick review can save you from years of legal complications.
5. You’re Entitled to Fair Wages and Workplace Protections
Nevada employers are required to comply with both state laws and the Fair Labor Standards Act (FLSA), ensuring fair treatment of employees. This includes paying the minimum wage, honoring overtime pay requirements, and providing safe working conditions.
Wage and Hour Protections
- Nevada’s minimum wage is $12.00 per hour for employees without employer-provided health benefits and $11.00 per hour for those with coverage.
- Non-exempt employees are entitled to overtime pay for hours worked beyond 40 in a week.
Workplace Safety
Employers are also required to maintain a safe environment free from hazards and harassment. If your employer fails to address safety concerns or violates anti-discrimination laws, they can be held liable through legal action.
What You Can Do
- Keep detailed records of your hours worked and wages paid.
- Report unsafe conditions to your HR department or a state agency.
- Consult an attorney if your employer violates wage or workplace safety laws.
Seeking Justice in the Workplace
Facing issues like workplace discrimination, sexual harassment, or wrongful termination can feel overwhelming, but understanding your rights is the first step toward resolution. By acting decisively and seeking guidance from an employment lawyer in Las Vegas, you can hold your employer accountable and protect your professional future.
Final Thoughts
Understanding employment law cases is no small task, but you don’t have to face it alone. With the help of experienced legal counsel, you can file a claim, negotiate a settlement, or take your case to court with confidence. However, you need a law firm that represents clients against the protected class and avoids litigation
If you’re dealing with workplace issues, don’t hesitate to reach out for a free consultation at Bourassa Law Group. We are a professional legal firm and our professionals are ready to help you.
Our legal representation has years of experience dealing with cases such as these, so connect with us now. Your rights matter, and justice is within reach.
Frequently Asked Questions About Employment Law in Las Vegas
1. What does it mean that Nevada is an “at-will” employment state?
Nevada’s at-will employment laws allow employers to terminate employees for any reason or no reason at all, as long as the termination doesn’t violate state or federal law.
Exceptions include firings based on discrimination, sexual harassment, retaliation, or other protected rights. If you suspect your termination was unlawful, consulting an experienced employment lawyer in Las Vegas is essential.
2. How do I prove wrongful termination?
To prove wrongful termination, you need evidence that your firing violated state or federal laws or breached the terms of an employment contract. This evidence may include:
- Emails or messages indicating discrimination or retaliation
- Performance reviews that counter claims of poor performance
- Witness statements from colleagues
A lawyer can help you gather and present evidence effectively.
3. What protections do I have against workplace discrimination?
Federal laws, such as the Civil Rights Act and the Americans with Disabilities Act (ADA), protect employees from discrimination based on race, gender, sexual orientation, age, religion, national origin, or disability.
Nevada laws add further protections, enforced by the Nevada Equal Rights Commission (NERC). Employers cannot treat employees unfairly based on these characteristics or create a hostile work environment.
4. What is considered sexual harassment under Nevada law?
Sexual harassment includes unwelcome advances, requests for favors, or verbal/physical conduct of a sexual nature that creates a hostile work environment. In some cases, it can also be in the form of age discrimination. Some common examples include:
- Inappropriate jokes or comments
- Unwanted touching or advances
- Retaliation for rejecting advances
Employees can file a complaint with their employer, the Equal Employment Opportunity Commission (EEOC), or the NERC. Seeking legal counsel can help strengthen your case.
5. How long do I have to file a workplace discrimination claim?
If you think you’ve been discriminated against at work in Nevada, you’ve got up to 300 days to file a complaint with the Equal Employment Opportunity Commission (EEOC) from when it happened. This gives you extra time compared to the usual 180 days, so you can gather evidence and talk to an employment lawyer to boost your case.
Once you get a “right to sue” letter from the EEOC, don’t delay! You’ve got a limited window to take your case to court. Acting fast helps keep evidence fresh and deadlines in check, upping your chances for a win. However, how long the EEOC investigation takes might depend on your particular situation.
6. Can I sue my employer for unpaid wages or overtime?
Yes, you can! Both Nevada law and the Fair Labor Standards Act (FLSA) require employers to pay minimum wage and overtime to eligible workers. If your boss hasn’t been paying up, you’re entitled to file a claim to get back your unpaid wages, plus any penalties and attorney fees.
An employment lawyer can help you figure out if you’re eligible and guide you through the claim process, making sure your rights are respected and you get what you’re owed.
7. What should I do before signing an employment contract or severance agreement?
Before you put pen to paper on any job-related documents, it’s wise to chat with an employment lawyer. They can look over the terms to make sure everything’s fair and legal, spot any tricky clauses like non-compete agreements, and help you negotiate better terms if needed.
This can save you from headaches down the road and protect your rights, making sure you know exactly what you’re agreeing to and that it fits your career plans.
8. How do I know if I need an employment lawyer?
If you’re facing issues like being fired unfairly, dealing with harassment at work, having wage disputes, or stuck with a tough employment contract, it might be time to call in an employment lawyer.
They offer valuable advice, help with filing claims, negotiate settlements, and represent you in court if it comes to that. Having a lawyer means your rights are in good hands, and you can tackle the twists and turns of employment law with confidence.
9. How much does it cost to hire an employment lawyer in Las Vegas?
Many employment law firms, including Bourassa Law Group, offer a free consultation to discuss your case. Fee structures vary, with some lawyers working on contingency, meaning they only get paid if you win. This makes legal help accessible, even if you’re facing financial challenges.
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