QUESTION

Lawful Termination?

Asked on Dec 12th, 2013 on Wrongful Termination - Nevada
More details to this question:
I was terminated by my employer after an off-site Christmas Party, in which I had too much to drink and told my employer what I thought of him in some very bad words. Went to him the next morning to apologized for my actions, he then fired me. Is this legal and can I qualify for unemployment? I am part-time and have been with the company for 10 months
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1 ANSWER

R. Christopher Reade
There are a multitude of issues which you have raised in your question. As far as keeping your job, 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)." While there are limited exceptions to the at-will employment doctrine, the Nevada Supreme Court has made clear that these exceptions are “severely limited to those rare and exceptional cases where the employer's conduct violates strong and compelling public policy.” Sands Regent v. Valgardson, 105 Nev. 436, 440, 777 P.2d 898, 900 (1989). Based on the facts as presented, this appears to be a lawful termination. As far as unemployment eligibility, any individual out of work through no fault of their own may be eligible to receive unemployment insurance benefits so long as minimum qualifications are met. For a part-time employee, the issue will be whether the employee has sufficient earnings within the base period for covered employers to qualify. In Nevada, a person must have earned at least $400 in one quarter of the base period and have total base period earnings of not less than 1.5 times the earnings in the highest quarter. In the alternative, an employee must have wages in at least three of the four preceding base period quarters used to calculate eligibility.
Answered on Dec 12th, 2013 at 6:09 PM

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