Ask a Question

Get free answers to your Employment Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Nevada Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Military Law for Nevada on
Q: will a not showing up to drill because of a medical reason give you a dishonorable discharge?

I am in the National Guard. I have not been able to go to drill because of some medical reasons. I have given my doctor notes to my Sergeant but he tells me that the Sergeant Major does not care about that. Will they give me a dishonorable discharge? I am also studying to become a teacher. Will... View More

Patrick Korody
Patrick Korody
answered on Feb 6, 2017

You need to show up to drill, even with medical reasons. If you are not fit to perform your drills, the military medical folks will place you in a not physically qualified status. Not showing up will get you involuntarily separated with a less than Honorable discharge.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Nevada on
Q: my Company will not be paying any salary for short/long term disability and have stated that they will not cover my

medical insurance. I believe that I am now unemployed and with no medical coverage and surgery was scheduled for next week Monday. what if anything can I do?

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2017

Apply for medical assistance. You can buy into your old plan through COBRA. You can go on the ACA website (the deadline doesn't apply to those who have been taken off employers plan). If you have a short term or long term disability plan through work or on your own that should cover it. If you... View More

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Nevada on
Q: Can a decision be reversed in appellate status if evidence are summitted that wasn't giving in prior decision.

Without going to court.

Glenn B. Manishin
Glenn B. Manishin
answered on Dec 20, 2016

In both state and federal courts, the rule is that an appeal is based on the trial record (evidence, jury instructions, legal decisions, etc.) and new facts cannot be introduced at the appellate level unless it was impossible to have presented them before the lower court.

1 Answer | Asked in Employment Law and Contracts for Nevada on
Q: I recently signed a work contract with a company, but I wish to leave. I am a 1099 worker, can they sue me?

I signed neither a W9 nor W4 form, the contract states that I must work exclusively with the company for 6 months, and cannot work with a competing business or open my own within 3 years of working for them. I thought nothing of it when I signed it, but I am, according to the document, a 1099... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 31, 2016

Non-compete clauses are common in independent contractor agreements. Otherwise you could work for them and take their client list and then go out on your own. So, there is a high probability it would be enforceable, at least in part. Most states though will limit them to reasonable restrictions,... View More

1 Answer | Asked in Employment Law for Nevada on
Q: Should a Supervisor be the only person to get terminated for "supposedly" changing an employee's timecard for favors?

Hello,

I was a Supervisor at a Call Center and was recently terminated for supposedly fixing employee's times for favors. I was the only person terminated while everyone else kept their jobs. My termination happened less than a week after myself and one of my employee's filed a... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 23, 2016

As a general proposition an employer could fire one person and not fire the other for the same offense. That said, it appears you may have more going on, in which the firing could be related to retaliation and/or be related to race. As such, find a local employment law attorney who offers free... View More

1 Answer | Asked in Employment Law for Nevada on
Q: If a Supervisor is fired for fixing an employee's time in "exchange for favors", shouldn't that employee fired as well?

Hello,

I was a Supervisor at a Call Center and was recently terminated for supposedly fixing an employee's time for favors. How is it that I was terminated, but the employee I “supposedly” fixed the time for didn’t? Also, my termination happened less than a week after myself and... View More

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 23, 2016

You should consult with a local attorney. Different treatment among employees who commit the same or similar infractions can suggest that there is an illegitimate basis for the more harsh treatment one is receiving compared to the other. Sometimes, however, there are legitimate business reasons... View More

1 Answer | Asked in Employment Law for Nevada on
Q: Can an employer withhold an employees check due to lack of funds in the company account?

If an employees payday was 11/6/2015,but the employer has no money in the company bank account, are they allowed to withhold the employees checks?

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 7, 2015

Well, if there is no money in the account, how are you supposed to get paid? If they wrote a check it would bounce, right? And that would get them into more trouble, most likely.

1 Answer | Asked in Employment Law for Nevada on
Q: who is the best sexual harrassment attourney in las vegas?

on paid admin. leave. have not heard a word back from human resourcesr. (huge corp.)

perp has already been forced into retirement.

can not get an answer from anyone, even after 30 years of employment!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 4, 2015

Speak to several attorneys in your vicinity. They may want to refer you to someone who does a lot of this kind of thing.

1 Answer | Asked in Employment Law for Nevada on
Q: If I'm required to drive for my job 5-10 miles per day - between facilities, does my emp have to pay me mileage?
Janice Jacovino
Janice Jacovino
answered on Jan 5, 2015

Your employer is not required to pay you mileage. However, when you drive your personal vehicle as a part of your job, you may claim your mileage and/or wear and maintenance for your personal vehicle as an unreimbursed business expense on your tax return. The easiest way is to keep track of mileage... View More

1 Answer | Asked in Employment Law for Nevada on
Q: What proof do I need to prove age discrimination?

A person has replaced my position whom does not meet the positions qualifications. Several company people have said, "this just is not right." The company did not fire me but they have demoted me to a lower position with lower pay. (Until this happened---no negative feed back from management).

Mr. Lowell J. Kuvin
Mr. Lowell J. Kuvin
answered on Jan 15, 2011

Age discrimination under Federal law (40 or over) is proven by showing you applied for the position, you were qualified for the position, you were not hired, a person under 40 with less experience was hired. It is a burden shifting, preponderance of the evidence, type trial. The employer will have... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.