Kristofer D. Leavitt, Esq.

Leavitt Legal Group, P.C.

612 S. 10th Street

Las Vegas, Nevada 89101

Phone: 702-423-7208

Fax: 702-977-9815

Email: kleavitt@LeavittLegalGroup.com

Website proudly created with Wix.com

EMPLOYMENT AND LABOR LAW

       Nevada is an at-will employment state, which means employers have broad discretion in how they hire, manage, discipline, and terminate employees.  Despite this broad discretion, employees still have rights that can, and should, be respected and protected. While Leavitt Legal Group focuses primarily on protecting employee's rights, we also provide counsel to employers to make sure their employment practices are legally sound and offer our services as defense counsel should they become involved in the administrative process or litigation.  Whether you are an employer or an employee, Leavitt Legal Group has the knowledge and the experience to help you deal with your situation.  Below are some of the most common situations facing employers and employees:

Discrimination and Wrongful Termination

      For over to 50 years the United States, as well as many of the individual states, have enacted laws to protect employees from employment discrimination based on certain characteristics, known as “protected characteristics.”  Initially, laws grew out of the Civil Rights movement in the 60’s and were centered on protecting employees from racial discrimination.  Since the 60’s the list of protected characteristics has grown considerably and now includes:

  • Race

  • National Origin

  • Gender

  • Age

  • Religion

  • Disability

  • Sexual Orientation

  • Color

  • Sexual Harassment

  • Gender Identity

  • Pregnancy

       For employees, this means that if you employer discriminates against you in any way based on any of these characteristics, you have the legal right to hold your employer accountable for their actions.  Employment discrimination comes in many forms, including issuing you unfair and unwarranted discipline, suspending you from work, failing to promote you in favor of a less qualified candidate who does not share your protected characteristic, or even terminating your employment.

        If you feel you have been a victim of employment discrimination at work, it is critical that you contact Leavitt Legal Group today to schedule your free consultation.  The window of time you have to bring an employment discrimination claim against your employer is very limited, so call us today.  We have the knowledge and experience to help you successfully navigate the administrative process with the Equal Employment Opportunity Commission (“EEOC”) or the Nevada Equal Rights Commission (“NERC”) and help you prepare your case for litigation.

Disability Discrimination

           

        One form of discrimination that gets particular attention is disability discrimination.  Under the Americans with Disabilities Act (“ADA”), individuals with disabilities are promised equality of opportunity and a chance to be economically self-sufficient.  What this means for employees with disabilities is that an employer cannot use a disability as a reason to not hire you for a position, to terminate you from your current position, or otherwise discipline you if you can perform the essential functions of your job with or without a reasonable 

 

       One of the most common forms of disability discrimination occurs when an employee becomes disabled and their employer refuses to work with them to develop a reasonable accommodation that would allow them to continue working in the job they already have.  When this occurs, an employee and an employer have an obligation to have an open and honest conversation about what accommodation the employee needs to be able to perform the essential functions of their job.  This is called the “interactive process.”  When an employer does not engage in this process in good faith, the employee can hold them accountable.

           

        Regardless of the type of discrimination, if you feel you have been discriminated against, call Leavitt Legal Group today for your free consulation.

Harassment

        

        In addition to being protected from employment discrimination, employees are also protected from being harassed at work.  Harassment is any unwelcome conduct based on a protected characteristic that becomes so severe or pervasive that it alters the terms and conditions of your employment.  Examples of workplace harassment include, listening to offensive jokes or stories, being referred to in derogatory terms, being threatened or intimidated, or being insulted.  If you experience any of these things and it interferes with your performance at work you may have experienced workplace harassment.

           

        One of the most common forms of harassment is sexual harassment.  Sexual harassment occurs whenever an employee, male or female, is subject to demeaning or derogatory words or actions related to their gender.   In general, there are two forms of sexual harassment.  The first form of sexual harassment, called "quid pro quo" harassment, occurs when another employee or a supervisor offers to provide a benefit, such as a promotion or favorable schedule, in exchange for a sexual favor.  The second form of sexual harassment is called "hostile work environment" harassment.  Hostile work environment occurs whenever an employee is subject to unwanted sexual advances or requests that they feel are abusive or hostile. 

           

        If you have been a victim of harassment at work, it is critical that you call Leavitt Legal Group today for a free consultation.  Your window to act on these claims is very small and if you do not act today you could your opportunity to take action.

Retaliation

        Retaliation is similar to harassment, but the primary difference being that an employee is subject to abusive or demeaning language or actions because they engaged in some form of protected activity.  Protected activity is any activity that has been identified as being beneficial in the workplace and, because of this, an employee who engages in these activities is protected from being disciplined by their employer.  Protected activity comes in many forms, including:

  • Discussing employment discrimination with your employer;

  • Filing a claim of employment discrimination against your employer;

  • Cooperating with an employer investigation into workplace harassment;

  • Cooperating with an EEOC or NERC investigation into discrimination or harassment;

  • Refusing to follow directions that, if followed, would result in employment discrimination;

  • Requesting accommodations for a disability or religious practice; and

  • Asking for salary information to uncover potentially discriminatory wages.

      If you engage in any of these activities, or other similar activities, your employer cannot discipline you or subject you to unfair treatment.  If you feel your employer is retaliating against you, call Leavitt Legal Group today for a free consultation.  Your window to act on these claims is very small and if you do not act today you could your opportunity to take action.

FMLA Leave Interference

           

        Under the Family and Medical Leave Act (“FMLA”) employees are entitled to take a specific amount of time off work to deal with specific family and medical emergencies.  Not every family medical situation qualifies for FMLA protection, but the following events do trigger FMLA leave protection:

  • Leave related to pregnancy-related complications;

  • Parental leave after the birth of a child;

  • Parental leave after placement of a child for adoption of foster care;

  • Medical leave related to care of a family member with a serious health condition;

  • Medical leave for a serious health condition you are experiencing; and  

  • Medical leave related to a family member who was injured while on active duty in the military.

       Because this is leave an employee is legally entitled to take, your employer cannot interfere with you taking this leave and cannot punish you for taking this leave.  If your employer interferes with you taking your FMLA leave, you have been injured as an employee and you should contact Leavitt Legal Group today.

Wage and Hour

       Under federal law, employers are required to pay their employees a minimum hourly wage.  Nevada currently uses a two tier minimum wage, depending on whether your employer offers a qualified health insurance plan.  If your employer is not paying you at least minimum wage, you are entitled to collect back wages.  Additionally, when you leave your job or are terminated from your job, your employer has an obligation to provide you with your last check by certain, very strict deadlines.  If you are not being paid the minimum wage or if your employer has withheld your final check from you, call Leavitt Legal Group today for a free consultation.

       If you need an attorney to fight for your rights, contact Leavitt Legal Group today for your free initial consultation: