As an employee, your rights matter. Of course, your workplace rights only truly exist to the extent that you can confidently exercise them without facing a fear of punishment from your employer. This is where the concept of retaliation comes in place. Employment laws in Nevada protect workers against retaliation.
At Ace Law Group, we have extensive experience representing employees in workplace retaliation claims. It is our mission to ensure that your legal rights and your financial interests are protected. Here, our Las Vegas employment law attorney provides a comprehensive overview of how workplace retaliation cases are handled under Nevada law.
What is Retaliation?
As explained by the Nevada Department of Employee Training and Rehabilitation (DETR), retaliation occurs when an employer takes adverse action against an employee for engaging in a legally protected activity. It is illegal for employers in Nevada to retaliate—take adverse action—against a worker who exercised a lawful right.
Note: Retaliation is a common cause of action in employment law claims. The Equal Employment Opportunity Commission (EEOC) notes that retaliation is cited in more than half of federal sector employment law complaints. A similar statistic is true in Nevada.
Employment Laws in Nevada Generally Include Anti-Retaliation Provisions
Similar to federal law, the employment laws in Nevada generally include anti-retaliation provisions. These provisions are designed to protect employees from punitive actions by their employers after engaging in a lawfully protected activity—from reporting a safety violation to reporting discrimination. These provisions cover a wide range of activities.
The Element of a Workplace Retaliation Claim in Nevada
How do you bring a workplace retaliation claim in Nevada? There are specific legal requirements that you must satisfy. Here are the three elements of a retaliation claim in Nevada:
- Protected Activity: In Nevada, a protected activity is defined as an action taken by an employee that is, as a matter of law, protected. What does that mean? It means an employee cannot punish you for engaging in that specific activity. Some of the most notable examples include reporting race discrimination, filing a sexual harassment claim, bringing a safety violation complaint, filing for workers’ compensation benefits, and participating in an investigation into a wage and hour violation.
- Adverse Action: Adverse action is defined as any negative change in the terms, conditions, or privileges of employment. Put another way, it is any negative action taken by an employer. Some of the most common examples of adverse employment action include demotion, dismissal, pay loss, and other material changes in job responsibilities that negatively affect the employee. Notably, even subtler forms of retaliation, like increased scrutiny or unjustified poor performance reviews can be considered adverse action for a workplace retaliation claim.
- Causal Connection: Finally, an employee must prove that the adverse action that they faced from their employer was connected to the protected activity that they engaged in. Causation in a workplace retaliation claim in Nevada is the link between the protected activity and the adverse action taken by the employer—and it is required by law to bring a successful claim. To establish this, an employee must demonstrate that the adverse action occurred because of their involvement in a protected activity. Timing can be a big factor in workplace retaliation cases in Nevada. Most employers defend retaliation claims because there is no “causation.”
Hypothetical Examples of Workplace Retaliation
To best understand how workplace retaliation claims work in Las Vegas, it is useful to consider some hypothetical examples. Here are some examples:
- Employee Complaints About Sexual Harassment, Fired Soon After: Imagine that an employee at a hotel in Las Vegas reports inappropriate behavior from a supervisor to the human resources (HR) department. She is terminated within weeks. Further, the employer stated that she was fired, ostensibly, for unrelated performance issues. However, those alleged performance problems have never been documented before. The timing and lack of prior performance complaints suggest that the firing could be retaliatory—particularly if the employer cannot provide substantial evidence to justify the termination based on performance alone.
- Employee Brings Overtime Concern to Manager, Denied Promotion: Imagine that a Las Vegas casino worker routinely works more than 40 hours a week. However, he notices that he is not receiving overtime pay. After the employee raises this issue with their manager, he is overlooked for a promotion he is qualified for. That promotion is then given to a less experienced colleague. Given the circumstances, it could imply retaliation—especially if there is a pattern of promotion denials following complaints.
- Employee Supports Co-Worker Discrimination Claim, Harassed: Imagine that an employee at a Las Vegas retail store supports a co-worker’s claim of racial discrimination during an internal investigation. Following their testimony, they experience increased scrutiny from management, they receive unjustified negative evaluations, and they are subjected to derogatory comments from their supervisor. The pattern of harassment could be seen as retaliation for participating in a protected activity—especially if the negative treatment begins soon after their supportive action in the investigation.
How Our Las Vegas Workplace Retaliation Lawyers Can Help
Workplace retaliation claims are complicated. You do not have to try to take on your employer alone. At Ace Law Group, we put the rights and interests of workers first. Our record of successful verdicts and settlements across a wide range of claims tells the story best.
We are proactive. Among other things, our Las Vegas workplace retaliation lawyers are prepared to:
- Hear your story and answer your legal questions;
- Investigate your retaliation case, gathering relevant evidence;
- Handle any settlement talks with your employer; and
- Develop a personalized strategy focused on getting justice and compensation.
Contact Us Today for a Confidential Consultation With a Las Vegas Retaliation Lawyer
At Ace Law Group, our Las Vegas employment law attorney has considerable experience handling workplace retaliation claims. Our firm puts the rights of employees before the rights of employers. You matter. If you or your loved one was subject to illegal retaliation, please do not hesitate to contact us today for your fully private, no-obligation initial consultation.
With an office in Las Vegas, we handle workplace retaliation cases in Clark County and throughout Southern Nevada.