Wrongful Termination Legal Options

Summary

In Nevada, employment is generally at-will, allowing termination without notice. However, exceptions include discrimination, retaliation, breach of contract, or violation of public policy. Discrimination involves unfair treatment based on race, color, religion, sex, national origin, age, disability, or genetic information. False accusations can be distressing, but a legal claim requires more specifics. If you suspect discrimination, gather evidence, request your personnel file, and consider filing a complaint with the Nevada Equal Rights Commission (NERC). Document communication attempts and explore legal options to clear your name.

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June
Hi June! How can I assist you with your legal issue today?
I just want to know if I could file a case against my employer for terminating my position without any prior notice and warnings?
Hi June! In Nevada, employment is generally "at-will," meaning employers can terminate employees at any time without notice or cause. However, there are exceptions such as:
- Discrimination
- Retaliation
- Breach of contract
- Violation of public policy
Do you believe any of these exceptions apply to your situation?
Can you consider it as discrimination if no due process was followed?
In Nevada, discrimination involves being treated unfairly due to race, color, religion, sex, national origin, age, disability, or genetic information. Lack of due process alone is not discrimination unless it involves one of these protected categories. Do you think your termination was related to any of these factors?
I was a victim of false accusations
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June, false accusations can be very distressing. If the false accusations were related to any of the protected categories (race, color, religion, sex, national origin, age, disability, or genetic information), you might have a discrimination claim. If not, there may still be other factors to consider.
Can you share more details about the nature of the false accusations?
I just learned from my direct supervisor that someone, reported to her that I am badmouthing my colleagues and taking pictures of students. And as far as I know I haven't done that. I sometimes speak in my dialect which is not English when I speak with my friends who are also my colleagues.
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June, the situation seems complicated. False accusations can be damaging, but for a legal claim of wrongful termination, we need more specifics.
- Are there any written policies in your workplace about speaking in different languages?
- Have you been previously warned or faced any disciplinary actions before this incident?
none. I wasn't warned at all and no disciplinary actions were put in place before I was terminated. My evaluation report proves that I met all expectations.
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June, being terminated without prior warnings can be frustrating, especially when your job performance was up to standard. Given the false accusations and your use of a different language, it's worth exploring if this could be tied to discrimination.
Have you experienced any other incidents that might suggest discrimination or unfair treatment because of your ethnicity or language?
I just feel devastated that I was just trashed after giving my trying my very best to help students. I felt that my boss didn't even defended me and fight for what is just. I was traumatized and do self pity every time I think of that incident. Not knowing what to do after the termination, to clear-up things, or result of investigation that led to the termination of my job.
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June, I'm truly sorry to hear about your situation. It's important to consider all aspects of your case. Here are some general steps you might take:
- Request a copy of your personnel file.
- Gather any evidence that supports your claim (emails, evaluations).
- Contact the Nevada Equal Rights Commission (NERC) to discuss possible discrimination.
Would you like more information on how to proceed with these steps?
yes please
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It might be a high value case and do you want to be connected to local lawyers who can better assist you with your case?
Would you like to be connected to local lawyers who can better assist you with your case?
I emailed my supervisor about the results of her investigation, but she didn't respond. I also ask my wife to schedule a dialogue with her to clear up things but she declined to meet with my wife.
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June, it seems like there could be a potential case involving discrimination or wrongful termination, especially considering the lack of prior warnings and the use of your native language. Would you like to be connected to local lawyers who can better assist you with your case?
If so, can you share your phone number?
I already tried to consult a lawyer but it seems she can't help me for I am not a member of the union. She told me to really try contacting NERC about this incident
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June, contacting the Nevada Equal Rights Commission (NERC) is a good step. They can help assess if your termination involved any discrimination. Here's how you can proceed:
- Request your personnel file from your employer.
- Gather evidence like emails and evaluations.
- File a complaint with NERC: [NERC Website](http://detr.state.nv.us/nerc.htm)
Would you like more detailed guidance on how to file a complaint with NERC?
yes please
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June, here's how you can file a complaint with the Nevada Equal Rights Commission (NERC):
*. Gather Evidence: Collect all relevant documents like emails, performance evaluations, and any communication with your employer.
*. File a Complaint: Visit the [NERC Website](http://detr.state.nv.us/nerc.htm) and follow the instructions to file a complaint.
*. Contact NERC: You can call NERC for additional guidance.
Would you like any more information on this process?
I can't anymore retrieve any more any email that was sent to me by my supervisor(though I haven't received any from her) about misconduct or warning that I am doing things wrongly or against what I have signed on my contract. On the day I was terminated, my means of communicating to her was cut or ceased so I was forced to use my personal email to communicate with her for clarifications.
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June, it's unfortunate that your communication with your supervisor was cut off. It's important to gather as much evidence as you can, even from your personal email. Here are some steps:
*. Request your personnel file.
*. Document your communication attempts.
*. File a complaint with NERC.
Would you like any more detailed guidance on gathering evidence or filing the complaint?
I think you gave me strength to push through with my complaint. I hope my name will be cleared and continue to work in other companies to again boost my morale. Thanks a lot!
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June, I'm glad I could help you gain the confidence to proceed with your complaint. It sounds like you're taking the right steps to clear your name. If you need further assistance or more detailed guidance, feel free to ask. Best of luck!
THANKS AGAIN...
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June, it sounds like you're on the right track in addressing your concerns. If you need additional support or have more questions about the process, don't hesitate to reach out. Best of luck with your complaint and future endeavors!