QUESTION
Verbal harassment in the workplace and wrongful termination.
Asked on Jun 06th, 2013 on Labor and Employment - Nevada
More details to this question:
I was verbally harassed and belittled by my boss regarding my performance. This harassment occurred during her first week of taking over her position and was repeated several times after that. It was shocking to me because she was putting me down and criticizing my performance where in fact we have not even worked together long enough. I reported her behavior to HR and Compliance department. She then retaliated by reporting me for an issue she found, an issue that her and I could have resolved ourselves. Her report against me cause the company to terminate my employment (without regard to how it actually started). It was me that was harassed but at the end, it was me that they dismissed. Is that fair?
1 ANSWER
R. Christopher Reade
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 this Nevada courts have recognized certain exceptions to the at-will employment doctrine, such as whistleblowing regarding safe employment practices and the protection of the health and safety of workers on the job, 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). Usually (absent an employment agreement), the fairness of a dismissal is irrelevant.
Answered on Jun 06th, 2013 at 3:35 PM