Employees of a company who want or need to act as a witness in a lawsuit against their employer often fear that if they do their employer will retaliate against them. To help alleviate these concerns, Nevada law provides specific protections for employees who act as witnesses in legal proceedings.
Retaliation for Being a Witness
Nevada law prohibits employers from terminating–or threatening to terminate–any employee for serving as a witness in any “judicial or administrative proceeding.” An “employer” includes the company generally and any employee, agent, or officer of the employer who is “vested with the power to terminate or recommend termination.” Serving as a witness means anyone who is a witness or who has received a summons to appear as a witness.
This law only prohibits termination, so other forms of retaliation are probably not illegal, unless they involve participation in an investigation involving employment discrimination, wages, or hours of work.
Remedies for Termination for Being a Witness
Nevada law gives employees who are terminated for serving as a witness the right to file a civil lawsuit in court against their former employer. If the employee wins the case, then he or she can obtain the following remedies:
- Double the amount of lost wages and benefits;
- Reinstatement without loss of position, seniority, or benefits;
- Reasonable attorney’s fees.
We hope you’ll never face retaliation by your employer for serving as a witness in a legal proceeding, but if you do then feel free to contact us to get a case evaluation.