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Las Vegas Employment Law Attorney

In an age where competition for talent and customers is at an all-time high, employment-related conflicts can present a major business and reputational risk if not handled effectively. Litigating an employment issue can transform a company’s image, the employee-employer relationship, and the level of trust consumers have in a business. Recognizing this, our team of employment law attorneys employs legal strategies that are not only sensitive to these demands but conscious of the deeply human element of these cases.

Our approach to employment litigation is distinctive and unlike others in the industry. We anticipate and stay up to date on evolving trends that can present new challenges or opportunities to employment litigation cases. Our legal representation is far from uniform, and we reject the traditional one-size-fits-all approach, instead opting to tailor our services to fit the unique needs and goals of our clients.

Employment litigation is a complex, multi-faceted area of the law. At Hone Law, we represent business owners in even the most complex employment litigation cases. By bringing the trial experience, industry expertise, and negotiation prowess of our employment law attorneys to the table, we have successfully litigated many cases while maintaining the highest level of excellence in all areas of our work.

Common Types of Employment Litigation

These are the most common types of employment litigation that face employers.

Discrimination

Discrimination claims arise when an employee or job applicant alleges they were treated unfavorably because of race, gender, religion, national origin, age, disability, or other protected characteristics. It’s illegal for employers to make employment decisions, including hiring, firing, promoting, or compensating, based on these protected categories.

Wage and Hour Disputes

These claims involve disagreements over pay or hours worked. Common issues include unpaid overtime, minimum wage violations, misclassification of employees as exempt or non-exempt, and disputes over breaks and meal periods. They are often governed by the Fair Labor Standards Act (FLSA) at the federal level, with individual states often having their own additional wage and hour laws.

Harassment

Employment harassment, most notably sexual harassment, pertains to unwelcome conduct based on race, gender, religion, and other protected categories. It can involve unwanted sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature. Even so, it also covers non-sexual harassment that creates a hostile or offensive work environment.

Wrongful Termination

Wrongful termination claims are filed when employees believe they were let go in violation of an employment agreement or as an act of retaliation or discrimination. While many employees work “at-will” and can be terminated without cause, there are illegal reasons for termination, such as firing someone in retaliation for reporting unsafe working conditions.

Retaliation and Whistleblower Claims

Employees are protected by law from retaliation for engaging in protected activities, like reporting legal or regulatory violations, unsafe conditions, or discrimination/harassment. Retaliation claims arise when employers take adverse actions, such as firing, demoting, or otherwise penalizing employees, for making these lawful complaints.

Each of these areas is complex, and navigating them requires a thorough understanding of both federal and state employment laws. For employers facing any of these employment claims, legal counsel can provide clarity and guidance on potential litigation strategies or ways to prevent it.

Employer Rights

In the face of a lawsuit, employers, much like any other parties to litigation, have the right to a fair and just legal process. Firstly, employers have the right to due process, which mandates that they be given adequate notice of any claims made against them and an opportunity to defend themselves in an impartial setting. They can choose to retain legal counsel to represent them, ensuring that their defense is well-articulated and based on the nuances of relevant employment laws. Additionally, they have the right to access evidence presented against them and to gather their own evidence in preparation for trial. This includes the right to subpoena witnesses, documents, or any other relevant materials to support their defense.

Moreover, employers have the right to challenge the credibility of the plaintiff’s claims through cross-examination or by presenting contradictory evidence. If faced with potential liabilities, employers can negotiate settlements as an alternative to litigation, which allows them to resolve disputes outside of court, often with confidentiality clauses that prevent public disclosure of the lawsuit or its terms. Furthermore, if a verdict goes against them, employers have the right to appeal the decision, asking a higher court to review the case for any legal errors that might have affected the outcome.

It’s also worth noting that the law protects employers from frivolous lawsuits. Should a claim be deemed without merit or brought in bad faith, employers can seek to have such suits dismissed early in the legal process and may even be entitled to recoup their legal fees. Above all, employers have the right to be treated equitably and without bias throughout the litigation process, ensuring that their rights are upheld and that justice is dispensed fairly, irrespective of the scale or nature of the lawsuit they face.

How Hone Law Can Help

Helping employers to thrive in equitable environments. No other firm in Nevada has the pedigree and experience providing counsel to employers on all aspects of employment regulation, employment law, and employment disputes.

Equitable Employment Practices

Industry Thrives in Diversity and Equality

The field of employment law strikes to Hone Law’s core mission and values. We believe diverse, equitable, and fair workplaces are stronger, more profitable, and more creative. We live by these truths at our own law firm, where diversity and fair employment practices are not a box we check, but conditions that make us more powerful. Because our commitment is so strong in our own practice, we are zealous about advising and advocating for employers to make Nevada workplaces more profitable, collaborative, innovative, and fair for everyone.

Employment Law Compliance Advising

Guiding Employers on Best Practices to Protect Business & Livelihoods

We routinely help corporate clients = navigate these challenges and understand the law.

The employer-employee relationship is subject to a complex set of state and federal compliance and regulatory requirements. With our sophisticated employment law team, we routinely help corporate clients navigate these challenges and understand the law. From advising businesses to develop and implement preventive employee relations programs to corporate governance counseling and internal investigations, Hone Law has the experience and legal acumen to assist clients proactively design and maintain employment practices that not only comply with the law but build their business on profitable, creative foundations of fairness and equity.

We can provide guidance during the recruitment and selection process, onboarding and training, development and advancement stages, and during compensation and exit processes. By steering you away from protracted litigation and helping you to manage your business or your livelihood with minimal disruption, Hone Law successfully manages risks through effective workplace strategies.

Employer Defense Litigation

Protecting Your Business on All Aspects of Employee & Employment Law

When litigation cannot be avoided, employers need a legal team with strong employment law expertise and wise perspective to protect their rights and minimize risk. At Hone Law, our business litigators represent a rare combination of these skills: we effectively defend your interests before a judge, regulatory compliance board, or arbitrator, and we specialize in relating to jurors.

Most employment defense firms focus on the structure of the law and technical compliance; this leads to myopic and ineffective representation. At Hone law, we design defense strategies that address the complexity of the law, the commercial and practical realities of your business, and the human elements that cannot be ignored when litigating emotionally fraught claims that arise in the employment context. With our unique organizational structure, we draw from a variety of skills that our peers simply cannot match.

Our results speak for themselves. If your organization requires creative yet cost-effective legal strategies to manage your employment matters all while achieving impressive results, then Hone Law is perfect for you. Contact us today.

FAQ

How do I protect my company from a claim of wrongful termination?

Protecting your company from a claim of wrongful termination begins long before an actual termination occurs. It involves proactive measures, compliance with labor laws, and consistent documentation practices. Here are key steps to consider:

Clear Employment Policies: Have an employee handbook that outlines company policies, including grounds for termination. Ensure that every employee receives a copy and ideally, signs an acknowledgment of receipt and understanding.
Regular Training: Conduct regular training sessions for managers and HR personnel on employment laws and best practices for hiring, evaluations, and terminations.
Document Performance Issues: Always document any performance or behavioral issues. If an employee is underperforming or violating company policies, these issues should be noted, and the employee should be informed in writing. This documentation can help demonstrate that a termination was for legitimate reasons.
Consistent Treatment: Ensure that all employees are treated consistently. Inconsistent disciplinary actions can be seen as evidence of discrimination or retaliation.
Legal Grounds: Learn about both federal and state employment laws. Some laws prohibit termination based on certain protected characteristics like race, gender, religion, or disability. Be sure that any termination isn’t violating these protections.
Consideration for Protected Activities: Be cautious when terminating employees who have recently engaged in protected activities like whistleblowing, filing a workers’ compensation claim, or taking family medical leave. Such terminations can be viewed as retaliatory.
Severance and Release: In some cases, offering a severance package in exchange for a signed release agreement can be beneficial. This agreement would have the departing employee waive the right to sue the company for wrongful termination.
Seek Legal Counsel: Before making a termination decision that you believe may be contentious, consider visiting with an attorney. The employment law attorneys at Hone Law can provide guidance tailored to your situation and ensure you’re acting within the confines of the law.

In summary, while no strategy can guarantee complete immunity from wrongful termination claims, diligent practices, adherence to laws, and consistent documentation can significantly reduce your company’s risk.

What rights do our former employees have after they are terminated?

Even after an employee’s relationship with a company has ended, they retain specific rights under both federal and state laws. Understanding these rights is crucial for employers to ensure legal compliance and mitigate potential liabilities.

Terminated employees have the right to receive their final paycheck, including compensation for all hours worked and any unused accrued vacation or paid time off, as mandated by state law. The timeframe for delivering this paycheck can vary by state. Additionally, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), employees who lose their health benefits due to termination have the right to choose to continue their group health benefits provided by their group health plan for limited periods.

If an employee was terminated for reasons other than gross misconduct, they may be eligible for unemployment benefits. The specifics vary by state but typically depend on the reason for termination and the duration of employment.

Former employees also have the right to be free from retaliation for activities protected under law, such as filing a discrimination claim or participating in a related investigation. Laws such as the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act prohibit discrimination in termination and subsequent actions. Even after termination, employers must ensure their actions aren’t discriminatory.

Additionally, if the employee had an employment contract or there was a collective bargaining agreement in place, any stipulations regarding post-termination rights would need to be honored according to those agreements.

In conclusion, navigating the complexities of post-termination rights requires careful consideration and knowledge. Employers are advised to stay informed about their obligations and seek legal counsel to learn more about their rights and responsibilities. This ensures that the rights of former employees are respected and reduces the potential for legal disputes.

Can a company stop former employees from working for a competitor? 

In Nevada, as in many states, companies often aim to prevent former employees from working with competitors, especially if they possess sensitive information that could jeopardize the company’s interests. This is commonly done through “non-compete agreements.” Yet there are specific legal parameters surrounding their enforceability.

For a noncompete agreement to be enforceable in Nevada, it must be limited in scope and duration. This means that it shouldn’t excessively restrict the former employee’s ability to find work in their field. Typically, restrictions of a year or less are viewed more favorably by courts, but specifics can vary based on the situation.

Additionally, any geographic restriction in the agreement should be reasonable. For instance, preventing an employee from working for a competitor worldwide might be considered excessive, while a restriction specific to a city or region might be more justifiable.

Companies cannot enforce noncompete agreements merely to eliminate competition. There must be a legitimate business interest at stake, such as protecting trade secrets, customer lists, or other proprietary information.

Nevada law allows courts to “blue-pencil” or modify noncompete agreements to make them enforceable. This means if a court finds the agreement overly restrictive, it can adjust its terms rather than invalidating it entirely.

Nevada law (specifically NRS 613.200) also prohibits restrictive covenants that impose a restraint on a former employee for any period after the termination of the employment, unless the employer pays the employee’s full wage during that period.

In summary, while companies in Nevada can attempt to stop former employees from working for competitors through noncompete agreements, these agreements must be fair, reasonable, and designed to protect genuine business interests. Given the nuances in the law and the potential for disputes, companies are advised to learn more about their legal options when drafting and enforcing such agreements.

Helpful Links

How Changing Employment Laws Could Affect Your Business