The loss of a job is stressful. It can put a lot of pressure on a family. It is especially difficult for workers who were subject to layoffs/reductions in force (RIFs) who did not do anything wrong. In some cases, you may have a legal claim against your former employer for wrongful termination.
At Ace Law Group, we are committed to providing solutions-focused legal advocacy to workers. Your rights matter. Here, our Las Vegas employment lawyer provides a guide to key things to know about how to handle a wrongful layoff/wrongful reduction in force in Nevada.
What are Layoffs/Reductions in Force (RIFs)?
Layoffs and RIFs are similar, though not identical concepts. With layoffs, workers are being let go by the company—usually for an indefinite period, based on business reasons. In contrast, with reductions in force (RIFs), the employer is typically eliminating a specific position—or set of positions—permanently. An employer may or may not try to rehire laid-off employees in the future based on changing market conditions.
On the other hand, employers who engage in RIFs typically have no intention to add the position(s) back.
Nevada is an At-Will Employment Law State
Nevada is an at-will employment law state. Virtually all other U.S. states operate under the same standard. As defined by the Legal Information Institute, the at-will employment standard holds that the employment relationship exists for an “indefinite time and may be terminated either by employer or employee.”
A key implication of this is that employers in Nevada have a general right to lay off and/or RIF employees based on their discretion.
Procedural Rights May Apply (Large Employers, Mass Layoffs)
When large employers engage in mass layoffs, there may be additional procedural rights bestowed on employees. There is a federal law called the WARN Act. Nevada also has its own Worker Adjustment and Retraining Notification (WARN) Act.
Here are the key points that workers in Nevada should know about our state’s WARN Act:
- Applicability: The Nevada Warn Act applies to employers with 100 or more full-time employees. It includes all of those who work at least 20 hours per week and have been employed for at least six of the last twelve months before the notification date.
- Notice Requirement: Employers must provide at least 60 days advance notice of any planned mass layoffs, plant closures, or major relocations. A mass layoff is defined as a reduction in force that results in job loss at a single site during any 30-day period for 50 or more employees. However, that number does not include part-time workers.
- The Exceptions: There are exceptions where the 60-day notice may not be required—such as unforeseeable business circumstances, natural disasters, or when a company is actively seeking capital or business which, if obtained, would avoid or postpone the layoff.
- Penalties for Non-Compliance: Employers who fail to provide the required notice may be liable to each affected employee for back pay and benefits for the period of violation, up to a maximum of 60 days. You can bring a WARN Act claim against an employer.
A Layoff/RIF Can Give Rise to a Wrongful Termination Claim
Were you subject to a layoff or RIF in Nevada? As noted previously, our state is an at-will employment jurisdiction. Businesses and organizations have a broad right to terminate employers when they choose to do so—even if that worker did not do anything wrong.
However, for large employers that engaged in mass layoffs, the Nevada WARN Act may apply. Beyond that, a worker who was wrongfully laid off may have a legally viable wrongful termination claim. Your claim may be brought on any of the following grounds:
- Discrimination: A layoff or RIF can lead to wrongful termination claims if the decision to terminate employment is based on discriminatory factors. There are many different protected characteristics, including race, gender, and disability status. For example, imagine that an employer in Las Vegas laid off all of the older workers (50+), but kept virtually all young workers. Affected employees may have a wrongful termination claim for age-based discrimination.
- Retaliation: Retaliation claims arise when an employee is laid off or included in an RIF as a direct consequence of engaging in legally protected activities. Examples include reporting illegal activities, filing a complaint about workplace safety or discrimination, or participating in an investigation involving the employer. For example, if several employees brought a joint wage and hour complaint for unpaid overtime and then were all laid off soon after, they may have a wrongful termination claim for an unfair layoff.
- Breach of Contract: Wrongful termination claims can also stem from breaches of contract during layoffs or RIFs. If an employee has a contract that promises job security or specifies conditions under which termination is allowable—disregarding these terms during a layoff can lead to a breach of contract claim. If you have a two-year employment contract that protects you against being laid off, an employer cannot breach the terms.
How Our Las Vegas Wrongful Termination Lawyer Can Help
Wrongful termination cases are challenging—especially for workers who were subject to being laid off by an employer that is citing “financial” or “business” reasons. At Ace Law Group, we are devoted to putting the rights and interests of employees first. With a proven record of successful verdicts and settlements across a wide range of cases, our Nevada wrongful termination attorneys will invest the time, resources, and attention to detail needed to handle your claim properly.
Get Help From a Top Wrongful Termination Lawyer in Las Vegas Today
At Ace Law Group, our Las Vegas wrongful termination attorneys are proud to put worker rights first. We have the expertise that you can trust in even the most complex of cases. If you have any questions or concerns about a wrongful layoff/wrongful RIF, please do not hesitate to contact us right away for a completely confidential, no-commitment initial consultation.
With a law office in Las Vegas, we handle wrongful termination cases in Clark County and throughout all of Nevada.