Employment law is governed at both the state and federal levels of government. No matter how big or small a company may be, an employer – employee relationship brings with it many legal obligations, with most obligations stemming from the employer to the employee.
Nevada is an “at-will” employment state. This means that either the employer or the employee may end the employment relationship without giving either notice or a reason, unless an agreement exists that provides otherwise. There are, however, limitations. Although Nevada courts generally adhere to the doctrine of employment at-will, there are a number of exceptions to the rule, including but not limited to the following:
- Implied Employment Contracts
- Employee Handbooks
- Oral Statements
- Wrongful Discharge
There are also many laws that protect the employee from discrimination in the workplace based on employee attributes such as a disability, national origin, religion, age, gender, race and/or color, pregnancy, or genetic information. In addition, all employees should be free from a hostile work environment and harassment of any kind. Lastly, if a an employee is terminated or fired for attempting to report discrimination or harassment in the workplace, they will also be protected under law from such retaliatory behavior by the employer.
Therefore, it is imperative for companies to have very detailed paperwork documenting all steps of the employment process from recruitment, to interviews, new-hire paperwork, background checks and employment verifications. This paperwork must be stored and readily made available to state and federal agencies when requested.
Companies may request counsel to assist with independent audits of their premises to ascertain whether or not there is exposure due to missing or faulty paperwork, archiving, disclosures, and more. Prevention is key to avoid costly and embarrassing litigation. Obtaining legal counsel to provide detailed employment applications, contracts, and Employee Handbooks can be a necessity as your company grows.
If you have questions or concerns as to your employment circumstances, an attorney can provide you the tools to navigate through uncertain scenarios to protect your ability to earn and to safeguard you company long term.