What if your current employer made a bunch of enticing promises to convince you to change jobs and then fails to keep those promises? Is there anything you can do about it?
What Does Nevada Law Say?
Nevada law specifically prohibits employers from making false representations to lure a prospective employee to work for them. The way the law reads is a little archaic, and wordy, so I’ll try to simplify it:
“It shall be unlawful for any person . . . company . . . or organization of any kind doing business in this state . . . to induce, influence, persuade or engage workers to change from one place to another in this state, or to bring workers . . . into this state to work in any of the departments of labor in this state, through means of false or deceptive representations, false advertising or false pretenses concerning:”
- The kind and character of work to be done;
- The amount and character of compensation to be paid;
- The sanitary or other conditions of employment; or
- Whether any labor disputes exist between the employer and its employees.
Yes, that was the simplified version. I would sum up it this way: employers can’t deceive a prospective employee about the work, compensation, or other conditions of employment for the purpose of persuading the employee to change his or her work location. These prohibitions apply to both employees who change jobs within the state or who move from another state to Nevada.*
Note that it’s not totally clear whether this law refers to a person who changes residences, companies, or simply locations within the same company. In my view, though, it could be read to apply to any of these situations.^
What Remedies Are Available?
The law allows workers to recover damages resulting from the false or deceptive representations, and it allows a court to require the losing party to pay the prevailing party’s attorney’s fees.
Finally, Nevada law also prohibits employers from making false representations about their ability to pay wages to their employees, and it prohibits employment agents and brokers from falsely representing the conditions, duration, or wages involved with a position. A person who breaks these laws is guilty of a misdemeanor.
*The phrase “departments of labor in this state” is strange, but at least one Nevada court has said that the phrase isn’t limited to just government jobs; it also applies to private employers.
^Section 3 supports this view with the phrase “to change his or her place of employment, or place of abode in case such worker shall not be then employed at the time of such inducement and hiring.”
Applicable law: NRS 613.010-030.