Nevada does not protect everything a worker does off the clock. Most jobs here are at will, which means either side can end the relationship for almost any reason unless a statute, a contract or public policy says otherwise. One statute does protect a specific slice of off-duty conduct, and it is narrower than the phrase suggests.
That statute is NRS 613.333. It protects the lawful use of products away from work, as long as the use does not hurt job performance or safety. It does not cover hobbies, posts or opinions in general. This article explains what the statute covers, what it leaves out, and what a worker can do after a firing that looks tied to something done on personal time. The quotes below come from the statute’s own words.
What does NRS 613.333 say?
The statute covers hiring and firing. It is an unlawful employment practice to refuse to hire a prospective employee, or to discharge or otherwise discriminate against an employee in “compensation, terms, conditions or privileges of employment,” for one reason. The reason is that the person “engages in the lawful use in this state of any product outside the premises of the employer during the employee’s nonworking hours.” The protection comes with a condition. It applies “if that use does not adversely affect the employee’s ability to perform his or her job or the safety of other employees.”
Each part of that language does work. The use has to be lawful in Nevada. It has to involve a product. It has to happen away from the employer’s premises, during hours when the employee is not working. And it cannot adversely affect job performance or the safety of coworkers. If any piece is missing, the statute may not apply.
The protection is not limited to firing. The statute lists compensation, terms, conditions and privileges of employment, so cut hours, a pay cut, a demotion or a schedule change can count when the reason is the protected use.
The definitions in NRS 613.310 cover NRS 613.310 through 613.4383, a range that includes this section. Under them, an employer is a person with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A very small business may fall outside the statute.
What counts as a product?
The statute says “any product” and names none. Tobacco, nicotine and alcohol are common examples. Because the text does not list products, whether a particular one qualifies is a question of applying the words to the facts. The use must also be lawful in Nevada, so a product that is unlawful to use, such as a prescription drug taken without a prescription, sits outside the statute’s words. Cannabis raises added questions because federal law treats it differently from Nevada law. Our article on Nevada’s marijuana testing law covers the pre-employment screening rule, which is a separate statute.
Where does the protection stop?
Start with the words “outside the premises of the employer during the employee’s nonworking hours.” A cigarette inside the building is not use away from the premises, and use on a paid break may not count as nonworking hours. A smoke break in the employer’s parking lot may also fall outside the words, because a lot can be part of the premises. A weekend at home is the situation the statute describes.
The second limit is the condition about job performance and safety. The statute does not define “adversely affect,” so the dispute usually turns on facts. An employer will point to attendance problems, errors, incident reports or a coworker’s complaint. A worker will point to reviews, a clean record and the lack of any problem on shift. In a job where one mistake can hurt someone, such as driving a vehicle or running heavy equipment, an employer is more likely to lean on the safety half of the condition.
Employers also keep their ordinary rules about the workplace. A policy against using a product at work, or against arriving impaired, deals with conduct that the statute does not describe. The statute speaks to use outside the premises during nonworking hours.
What about applicants and remote workers?
Applicants are covered too. The statute makes it unlawful to refuse to hire a prospective employee because of the protected use, and it lets a prospective employee who was denied a job bring a civil action. That matters for someone whose offer disappears after a background or social media check turns up lawful off-duty activity. Keep the offer letter and every message about the withdrawal.
Remote work adds a wrinkle. The statute protects use “outside the premises of the employer,” and it does not define premises. For someone who works from a spare room in a Summerlin home, an employer could argue that the home is part of the workplace during working hours. Use after the shift ends, with the laptop closed, looks more like the situation the statute describes. The statute does not settle the point, so the facts and timing matter.
Three examples from the Las Vegas valley
A casino cage cashier smokes at home on her days off. A supervisor hears about it from a coworker and cuts her hours. The questions are whether the use was lawful in Nevada, whether it happened away from the premises and outside working hours, and whether it affected her work or anyone’s safety. Years of solid reviews would speak to the last one.
A forklift operator at a warehouse in Henderson has a beer at a family barbecue on Saturday and is fired on Monday, with no sign of impairment at work. The text protects lawful use outside working hours unless it adversely affects the ability to do the job or the safety of others. The employer may argue that forklift work is safety sensitive. The facts about what happened on shift decide whether that argument has any support.
A server posts photos from a weekend rally and is let go. That is not the use of a product, so NRS 613.333 does not reach it. Other rules may apply depending on the real reason for the firing, and our article on social media firings and off-duty posts looks at that side.
How can you tell whether the stated reason is the real one?
A termination notice might not mention the off-duty use at all. The stated reason may be attendance, performance or a policy violation. A few patterns help a lawyer judge whether that reason holds up. One is timing, such as a discharge soon after the employer learned about the off-duty use. Another is a reason that changes between the first conversation and the termination letter. A third is a clean record before the event, with no warnings or write-ups. A fourth is evidence that coworkers with the same issue were treated differently. None of these proves a claim by itself. Together they can show what the employer was thinking. If the notice gives no reason, ask for one in writing and keep whatever comes back.
What if the conduct is not a product?
Hobbies, a side business, a dating relationship and a viral video are not products. For those, the first question is whether the firing was really about something the law protects. NRS 613.330 makes it unlawful to discharge a person, or discriminate in the terms of employment, because of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin. A worker fired after attending a religious service, or after marrying a same-sex spouse, may have a claim under that statute, and not under NRS 613.333.
The same statute also bars discriminating against an employee who has inquired about, discussed or voluntarily disclosed wages, with some exceptions. Talking about pay with coworkers over dinner can fall under that rule. A union contract or an employment agreement may also require a reason for discharge. Which rule fits depends on the actual reason the employer had.
What can you recover if the statute applies?
NRS 613.333 lets a discharged or discriminated-against employee, or a prospective employee who was denied a job, bring a civil action. The statute lists these remedies.
- Wages and benefits lost as a result of the violation.
- An order of reinstatement without loss of position, seniority or benefits.
- An order directing the employer to offer employment to a prospective employee.
- Damages equal to the amount of the lost wages and benefits.
Two more provisions matter. The statute says the court shall award reasonable costs, including court costs and attorney’s fees, to the prevailing party. That wording is not limited to workers, so a worker who loses can face an order to pay the employer’s costs. It also says the remedy in this section is the exclusive remedy for an action brought under this section. A claim under a different statute is a separate question. A lawyer should look at the facts before anyone files.
What should you gather after a firing like this?
- The reason you were given, in writing if possible. Save the termination letter, texts, emails and notes of what a manager said and when.
- A short account of the off-duty activity. Note the product, where you were, what time it was, and that it happened away from the employer’s premises and outside working hours.
- Your attendance and performance history, especially reviews from before the firing. They speak to the condition about job performance.
- The handbook or any policy that mentions tobacco, alcohol, drugs or off-duty conduct.
- The names of coworkers who did the same thing and were treated differently.
Write the timeline while it is fresh, and keep it to facts. Do not delete messages or posts, even ones you wish you had not sent. Time limits apply to every kind of claim, and they differ by claim, so do not let months pass while you decide what to do.
When an off-duty injury is the real issue
Some off-duty stories involve a hurt worker rather than a product. A crash on the 215 Beltway on a Sunday or a fall at an event can keep someone out of work for weeks. If another person caused the injury, a claim against that person is separate from any job claim. Our catastrophic injury practice handles serious injury claims, and each type of claim follows its own deadlines.
Talk through the reason behind the firing
The hard part in these cases is separating the real reason from the stated one. A lawyer who handles employment cases in Las Vegas can read the termination notice, your record and the policy together and tell you which statute, if any, fits. The Bourassa Law Group offers a free consultation to workers who think a firing came from something they did on their own time. You can set one up through the contact page.
This article is general information about Nevada law, not legal advice. Reading it does not create an attorney-client relationship.
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