QUESTION
Can an employor call a employee in and tell them that they can not speak or say anything in their defence.
Asked on Jan 12th, 2014 on Labor and Employment - Nevada
More details to this question:
I was called in to the HR managers office by the HR manager. When I sat down I was told that it was going to be a one sided conversation. Then they proceeded to tell me that my actions the previous week was not acceptable. After they got through I ask if I could explain and they said no. I have worked for this company for about 8 years and just turned 61. I have never been treated this way and I am not sure if it is my age or what. Is this normal practice to do this to an employee? .
1 ANSWER
R. Christopher Reade
Nevada is an at-will employment state where your employer can dismiss you for no reason at all, so long as it is not a prohibited reason. "Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002)." Based on the facts as presented, the employer is not required to allow you to pose any defenses, absent contractual or collective bargaining rights.
With that being said, if have evidence and information that you are being discriminated against due to your age, you may have a viable claim for relief.
Answered on Jan 13th, 2014 at 3:43 PM