💼 Employment Law

What to Do After a Wrongful Termination in Nevada

By John Quigley · NevadaAttorneyFinder.com · Updated May 27, 2026

This article is for informational purposes only and does not constitute legal advice. NevadaAttorneyFinder is a directory, not a law firm.

Nevada is an at-will employment state — your employer can fire you for any reason or no reason, with some important exceptions. If you were fired for an illegal reason — discrimination, retaliation for reporting a legal violation, whistleblowing, or in breach of a contract — you may have a wrongful termination claim. What you do in the first 30 days is critical.

6 Steps to Take Immediately

Do Not Sign Any Severance Agreement Without Consulting an Attorney

If your employer offers severance pay in exchange for signing a release of claims, do not sign until you have reviewed it with an employment attorney. Severance releases almost always waive all legal claims, including wrongful termination, discrimination, and wage theft. Employees over 40 are entitled to 21 days to consider the release and 7 days to revoke it after signing under the ADEA. Signing away a $100,000 wrongful termination claim for $5,000 in severance is a costly mistake.

💡 Tip: Many employment attorneys offer a flat-fee review of severance agreements. The consultation fee is almost always worth it.

Secure All Evidence Before You Lose Access

Once fired, you typically lose access to work systems within hours. Before your termination is effective: save copies of performance reviews, positive feedback emails, any communications about the conduct that led to termination, HR complaints you filed, any discriminatory comments by supervisors, and your employment contract, offer letter, and employee handbook. Forward work emails to your personal account if the company policy allows it — check this carefully.

💡 Tip: Do not take confidential company information, trade secrets, or client data. Taking prohibited information can expose you to trade secret claims and can hurt your wrongful termination case.

File for Unemployment Benefits Immediately

Apply for Nevada unemployment benefits through the Nevada Department of Employment, Training and Rehabilitation (DETR) as soon as your employment ends. You are eligible for unemployment even if you were fired for cause in many circumstances — 'misconduct' under Nevada unemployment law has a specific legal meaning (NRS 612.385) that is narrower than most employers claim. Apply first; the employer will have an opportunity to contest.

💡 Tip: Your unemployment hearing testimony and the employer's stated reason for termination create a record that can be used in later legal proceedings. Be honest and consistent.

Document the Timeline and Evidence of Unlawful Motive

Write down in detail: when the discriminatory, retaliatory, or otherwise unlawful conduct began; specific incidents, dates, and words used; the names of witnesses; HR complaints you filed; how similarly situated employees outside your protected class were treated; and the stated reason for your termination. Look for 'suspicious timing' — being fired shortly after an OSHA complaint, discrimination complaint, or medical leave request is strong evidence of retaliation.

💡 Tip: The stated reason for termination often doesn't hold up under scrutiny. Documenting how the company treated other employees in the same situation who weren't in your protected class is central to proving discriminatory treatment.

File an EEOC Charge or NERC Complaint (If Applicable)

For discrimination or harassment claims under federal law (Title VII, ADEA, ADA), you must file an EEOC charge before suing — generally within 300 days of the discriminatory act in Nevada (which is a dual-filing state). For state discrimination claims under NRS Chapter 613, you can file with the Nevada Equal Rights Commission (NERC) within 180 days. These deadlines are strict. An employment attorney can determine which agency to file with and draft the charge.

💡 Tip: Filing an EEOC charge is free. You do not need an attorney to file, but having one draft the charge ensures it contains the right legal claims and preserves all options.

Consult a Las Vegas Employment Attorney

Employment attorneys typically work on contingency for wrongful termination cases. Many also charge flat fees for EEOC charge filing and severance review. An experienced Las Vegas employment attorney can: evaluate whether your termination was unlawful, identify all potential claims (state and federal), handle EEOC or NERC proceedings, and litigate in federal or state court if settlement isn't possible.

💡 Tip: If you prevail on a federal discrimination claim, the employer pays your attorney fees under federal fee-shifting provisions — a strong incentive for attorneys to take strong cases on contingency.

Frequently Asked Questions

What is wrongful termination in Nevada?

Wrongful termination occurs when an employee is fired for an illegal reason — not merely an unfair one. Illegal reasons include: discrimination based on a protected class (race, sex, age, disability, religion, national origin, sexual orientation under Nevada law), retaliation for reporting wage theft, safety violations, or illegal conduct, violation of an implied employment contract, and termination in violation of public policy (e.g., firing an employee for serving on a jury). Nevada is an at-will state — employers can fire for any legal reason.

What protected classes are covered by Nevada employment discrimination law?

Nevada law (NRS 613.330) prohibits employment discrimination based on: race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40+), disability, and HIV/AIDS status. Nevada's protections are broader than federal law in some areas — particularly regarding sexual orientation and gender identity, where Nevada has explicit state law protections.

What is the EEOC charge deadline in Nevada?

In Nevada, which is a 'dual-filing' state with the NERC, you must file an EEOC charge within 300 days of the discriminatory act (not 180 days as in some states). This deadline is strictly enforced — missing it permanently bars your federal discrimination claims. For state-only claims, the NERC filing deadline is 180 days.

Can I still have a wrongful termination claim if I was at-will?

Yes. At-will employment means your employer can fire you for any non-illegal reason. If the reason was illegal — discriminatory, retaliatory, or in breach of a specific promise — you have a claim regardless of at-will status. The more evidence you have of the illegal motive (suspicious timing, disparate treatment, protected activity shortly before termination), the stronger the claim.

Find a Employment Law attorney in Las Vegas:

NevadaAttorneyFinder connects you with experienced Las Vegas employment law attorneys across 139 neighborhoods. Free initial consultations available.

Find an Employment Attorney in Las Vegas →