Many employees worry about the repercussions of suing their employer, especially regarding job security. This concern is valid, but the answer to whether you can be fired for suing your employer is sadly not a firm no. There are times when it can be done, times when it can’t, and a lot of factors that go into determining those distinctions.
Implications of At-Will Employment
Most states in the U.S., including Nevada, operate under at-will employment. This means employers can terminate employees at any time for any reason, just as employees can quit whenever they choose. However, even this isn’t quite open and shut, both parties are still subject to certain limitations and exceptions.
Employers cannot fire employees for reasons that fall under federally protected categories. These include race, gender, age, and other similar grounds. Termination based on discrimination is illegal, although this protection typically applies to employers of a certain size and doesn’t directly relate to suing the employer.
One crucial exception to the at-will employment rule involves whistleblower situations. If an employee’s lawsuit functions as whistleblowing –exposing illegal activities or violations within the company–the employer cannot legally terminate the employee for this reason. Doing so could result in liability for the employer.
Employees with employment contracts can still be counted as at-will employment but their ability to up and quit is guided by the terms in the contract. This could include items such as the return of equipment or fines and penalties for not completing work. For example, a person is working at-will as a mechanic in a garage. The garage agrees to purchase a set of tools for the mechanic but stipulates a two-year term to offset this cost.
Navigating Employment Law: Seeking Expert Advice
While at-will employment offers broad leeway for employers to terminate employees, there are still significant legal protections in place, especially for whistleblowers and to protect against discrimination. Because employment law can be complicated and situation-specific, it’s often beneficial to consult with an attorney experienced in employment matters. If you’re considering suing your employer or if you’re facing retaliation for doing so, professional legal advice can help you understand your rights and the best course of action.