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What is a Right-to-Work State?
A right-to-work state is one that has passed laws regarding an employee’s right to work, empowering the individual with the choice of whether or not to join a union. More than half of U.S. states have enacted legislation on this issue.
When a worker in a right-to-work state is hired by an employer subject to a collective bargaining agreement (CBA), that individual must carefully weigh the potential benefits and drawbacks of joining a union, and then decide whether to join or not. In Nevada and other right-to-work states, employees are not required to join a union and pay dues, even though all workers who fall within the CBA are covered by the agreement, regardless of membership status.
Neither the union nor the employer may force union membership as a condition of employment in right-to-work states. As part of the law, workers benefit from CBAs negotiated by unions, whether or not they are a member. Employers must abide by right-to-work laws or be held legally accountable.
What are Employment Rights in Nevada?
All workers in the state of Nevada have the right to be safe while working and to workers' compensation benefits if they are injured on the job. Employees also have the right to fair wages, limited maximum hours, medical benefits, and to family and medical leave, as well as the right to be free from discrimination.
Does Nevada Have Wrongful Termination?
Employees in Nevada are entitled to take legal action if they are illegally fired by an employer. Said employer can then be held liable for the employee's back pay, future pay, benefits, damages, and attorney fees.
Related Article: When is an Employee Entitled to Overtime Pay?
What are the Illegal Reasons to Fire Someone in Nevada?
Under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., Nevada employers are barred from terminating an employee based on the individual's race, color, religion, sex, national origin, or pregnancy status.
Related Article: 16 Types of Protected Classes in California
Do You Have the Right to Sue for Wrongful Termination in Nevada?
You have 300 days from the date of the discrimination against you in order to meet the wrongful termination statute of limitations (SOL) in Nevada. To make this complaint, you must file the paperwork directly with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC will investigate your claim, and they may choose to take action.
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If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.