Employee Discipline: Nevada
Federal law and guidance on this subject should be reviewed together with this section.
Author: Dora Lane, Holland & Hart LLP
- Nevada is an at-will employment state. While at-will employees can generally be disciplined or discharged for any reason or no reason, exceptions apply. See Protection from Wrongful Discharge.
- Oral statements or handbook language contradicting at-will employment may be enforced as binding agreements against the employer if intent to form such an agreement is not disclaimed. See Protection from Wrongful Discharge.
- Employees may not be terminated if the reason would violate either law or strong public policy, such as the right to file for workers' compensation, or to be free from illegal discrimination. See Protection from Wrongful Discharge.
- Other restrictions on employer retaliation also exist, such as when employees report workplace hazards to regulatory authorities, or exercise their right to time off for specified purposes such as voting or teacher conferences. See Other Retaliation Protections.
- Employers may not impose discipline that violates the Nevada Fair Employment Practices Act. See Discipline, Discrimination and Protected Leaves.
- Nevada employers are restricted from disciplining employees for certain off-duty, lawful conduct. See Restrictions on Off-Duty Conduct.
- Employers may not discipline employees in violation of laws designed to protect employee privacy, such as the restrictions on use of polygraph testing. See Disciplinary Restrictions Based on Employee Privacy.
- Private employers may test employees for alcohol or drugs and discipline them accordingly, but there are restrictions in this area for public employers. See Disciplinary Restrictions Based on Employee Privacy.
- Employers generally can enforce noncompete agreements against ex-employees where they are reasonable. See Violation of Noncompete Agreements.
- Employers may discipline employees for theft of trade secrets, and seek redress for damages under the Uniform Trade Secrets Act. See Theft of Trade Secrets.
- Employers should avoid forcing employees to submit to disciplinary interrogation or investigation by requiring them to remain in any confined area, as it can provoke common law claims for false imprisonment. See False Imprisonment.