Were you recently terminated from your job in Las Vegas or elsewhere in Nevada? You may be considering filing a wrongful termination claim. Wrongful termination is a cause of action that holds an employer accountable for the illegal discharge of an employee.
At Ace Law Group, we have extensive experience representing workers who were improperly fired, laid off, or otherwise discharged. Here, our Las Vegas wrongful termination lawyer explains the steps to take to file a wrongful termination claim in Nevada.
Step #1: Save Relevant Evidence/Information Related to Your Termination
As with any other type of employment law case, evidence is the foundation for bringing a successful wrongful termination claim in Nevada. Be proactive. The more information you have, the better your position will be. Indeed, the first step is to gather and preserve all evidence related to your employment and termination.
Along with other things, you should gather:
- Employment Agreements: Any documents that outline the terms of your employment.
- Emails and Other Correspondence: Gather and save any communications between you and your employer that may indicate reasons for termination.
- Performance Reviews: If you have any records that showcase your work performance, that can be relevant to your claim.
- Witness Statements: You should gather and organize the contact information of colleagues who can help support your claim.
Step #2: Know Your Cause of Action (Why Termination Was Illegal)
The National Conference of State Legislatures (NCSL) explains that Nevada—similar to virtually all other U.S. jurisdictions—is an at-will employment state. Under the at-will employment relationship, an employer can terminate an employee at any time. In other words, you do not necessarily have a wrongful termination claim simply because you were fired for an “unfair” or “unjustified” reason.
You must prove that you were fired for an illegal reason. Here are potential causes of action:
- Discrimination: Discrimination is a common cause of action in wrongful termination claims. Under federal law and Nevada law, it is illegal for an employer to terminate employees based on protected characteristics—such as race, gender, age, religion, national origin, disability, or sexual orientation. If you believe discrimination played a role in your termination, be sure to note any incidents that support your claim.
- Retaliation: Another potential basis for a wrongful termination claim in Nevada is retaliation. Broadly speaking, retaliation is punished for engaging in a protected activity. For example, imagine that you complained about sexual harassment by a manager. Soon after, you are fired. You may have a wrongful termination claim for retaliation.
- Breach of Contract: Finally, you may have a wrongful termination claim based on breach of contract. If you had an employment contract specifying the terms and conditions of your employment, termination outside of these terms may constitute a breach of contract. Employees should be sure to carefully review their contracts for any violations.
Step #3: Consult With A Las Wrongful Termination Lawyer
As wrongful termination claims are high-stakes, complex legal cases, you must consult with an experienced attorney as soon as possible. The sooner you have a top-tier attorney on your side, the better your position will be to get justice and compensation for your damages. Consult with an experienced Las Vegas wrongful termination lawyer right away.
Step #4: Consider Alternative Options (Mediation, Settlement Negotiation, etc)
Before filing a formal lawsuit, employees in Las Vegas should prepare to explore alternative dispute resolution (ADR) methods. Doing so can be beneficial. These include:
- Mediation: A neutral third party facilitates a discussion between you and your employer to reach a mutually acceptable resolution.
- Settlement Negotiation: Your attorney can negotiate directly with your employer to seek compensation without going to court.
Step #5: Submit a Complaint to the NERC or EEOC (May or May Not Be Required)
Depending on the nature of your claim, you may need to file a complaint with a government agency before proceeding with a lawsuit. Here is an overview of the agencies:
- State Law: Nevada Equal Rights Commission (NERC)
- Federal Law: Equal Employment Opportunity Commission (EEOC)
To be clear, an administrative complaint is not required for all types of wrongful termination claims. For example, if you have a breach of contract claim, you may be able to sue directly.
Step #6: File a Wrongful Termination Lawsuit
If mediation, negotiation, or other non-litigation methods are not sufficient to resolve your claim—and you have met all preliminary administrative requirements—you may file a lawsuit against your employer. A top-rated Las Vegas wrongful termination attorney can help. Your lawyer will prepare legal documents outlining your claim, including drafting a complaint.
From there, your lawyer will submit your complaint to the appropriate Nevada court. Depending on how your wrongful termination claim progresses, your lawyer will engage in the discovery process, attend hearings, in some limited cases, go to trial.
Why Workers Rely On Ace Law Group for a Wrongful Termination Case
Wrongful termination claims can be exceptionally complex legal cases. At Ace Law Group, we have the legal expertise to take on these notoriously challenging employment law matters. With a history of successful verdicts and settlements, we always put the rights of clients first.
When you contact us at our Las Vegas office, you will have an opportunity to connect with a Nevada wrongful termination lawyer who can:
- Listen to what you have to say and answer your legal questions;
- Investigate your wrongful termination case, gathering evidence to support your claim;
- Represent you in any settlement negotiations with your employer; and
- Take your wrongful termination claim as far as necessary to get justice.
Call Our Las Vegas Wrongful Termination Lawyer Today
At Ace Law Group, our Las Vegas wrongful termination attorney has the skills and experience that you can rely on. If you have any questions about how to file a wrongful termination claim, we are here to help. Call us now or contact us online for your completely confidential, no-obligation initial consultation.
From our law office in Las Vegas, we handle wrongful termination claims throughout Nevada.