Wrongful Termination in Nevada (2026): Laws, Deadlines, How to File

Nevada presumes employment is at will, so a firing is wrongful only when it breaks a specific law, a binding contract or handbook term, or a strong public policy. The main state law is Nevada's fair employment practices law, NRS 613.310 to 613.4383, which makes it an unlawful employment practice for an employer with 15 or more employees "to discharge any person" because of a protected characteristic (NRS 613.330(1)(a)).

Discrimination complaints go to the Nevada Equal Rights Commission (NERC) within 300 days (NRS 233.160(1)(b)). To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Nevada law on firing employees: the at-will rule and its exceptions as Nevada courts apply them, the fair employment practices provisions of NRS chapter 613, NERC procedures in NRS chapter 233, the tort deadline in NRS 11.201, and narrower Nevada protections such as jury service (NRS 6.190) and safety complaints (NRS 618.445), with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Nevada severance pay laws.

Is Nevada an at-will state?

Yes. In Yeager v. Harrah's Club, Inc., 111 Nev. 830, 897 P.2d 1093 (1995), the Nevada Supreme Court applied an at-will presumption that shifts the burden of proof to the employee, and said an employment contract not for a definite period can be ended "whenever and for whatever cause" if "there are no contractual or statutory restrictions on the right of discharge." For how the doctrine works day to day, see Nevada at-will employment laws.

Discrimination under Nevada's fair employment law

NRS 613.330(1)(a) makes it unlawful "To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to the person's compensation, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin."

Who is covered. An "employer" is any person "who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year" (NRS 613.310(2)). "Person" includes the State of Nevada and its political subdivisions (NRS 613.310(5)). The law excludes the United States and its wholly owned corporations, Indian tribes, and private membership clubs exempt under 26 U.S.C. 501(c). Age protection covers people 40 or older: it is not an unlawful employment practice to discharge a person on the basis of age if the person is under 40 (NRS 613.350(3)).

Sexual orientation and gender identity. Nevada's law covers them, but the sexual orientation and gender identity or expression provisions do not apply to a 501(c)(3) organization (NRS 613.320(2)). Federal law can still apply there: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII," which covers employers with 15 or more employees (42 U.S.C. 2000e(b)). The EEOC charge deadline in Nevada is 300 days (see below).

Other covered grounds.

• Hair and race: "race" includes traits associated with race, including hair texture and protective hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists (NRS 613.310(6)-(7)).
• Pay discussions: an employer may not discriminate because an employee inquired about, discussed or voluntarily disclosed wages (NRS 613.330(1)(c)), except for employees whose essential job functions give them access to other employees' wage information (NRS 613.330(7)).
• Genetic information: NRS 613.345 covers genetic testing and genetic information.
• Pregnancy: the Nevada Pregnant Workers' Fairness Act, NRS 613.4353 to 613.4383, covers pregnancy, childbirth and related conditions.
• HIV: "disability" includes HIV (NRS 613.310(1)).

Retaliation. NRS 613.340(1) bars retaliation against someone for opposing a practice the law makes unlawful.

How a NERC complaint works

The complaint. A complaint about employment "must be filed with the Commission not later than 300 days after the date of the occurrence of the alleged practice. A complaint is timely if it is filed with an appropriate federal agency within that period" (NRS 233.160(1)(b)). NRS 613.405 lets a person file with NERC when the complaint is based on race, color, sex, sexual orientation, gender identity or expression, age, disability, religion or national origin, and also allows complaints under the wage-disclosure, service-animal and criminal-history provisions. You may not file with NERC if another state or federal administrative body has already decided a complaint "based upon the same facts and legal theory" (NRS 233.160(1)). NERC says complaints must be filed online and that it no longer accepts them by mail, fax or in person; for help or an accommodation, call (702) 486-7161 or (775) 823-6690.

The right-to-sue notice. You need a NERC right-to-sue notice before bringing the state-law lawsuit. NERC issues one with a letter when it does not conclude that an unfair employment practice occurred (NRS 613.420(1)), or on request once 180 days have passed after the complaint was filed (NRS 613.412). NERC must tell you in writing that you may request the notice (NRS 233.160(5)), and the notice must state the 90-day deadline.

The deadline to sue. You "may bring a civil action in the district court not later than 90 days after the date of receipt of the right-to-sue notice" (NRS 613.420(2)).

An outer limit with an open question. NRS 613.430(1) says, "to the extent consistent with federal law," that no action under 613.420 or Title VII may be brought more than 180 days after the act complained of or more than 90 days after NERC's letter or receipt of a right-to-sue notice from NERC or the EEOC, "whichever is later," and NRS 613.430(2) pauses that limit while a complaint is pending before NERC or the EEOC. Because the later of the two dates controls, a lawsuit filed within 90 days after receiving the right-to-sue notice satisfies NRS 613.430 even if more than 180 days have passed since the firing, and the limit is paused while the complaint is pending. NERC must tell the parties about this limit (NRS 233.160(4)). Do not wait past the 90 days.

NERC also must give complainants information on filing with the EEOC and on EEOC review of NERC's conclusion (NRS 613.420(1)(c)). Our research did not locate a NERC or EEOC statement describing a Nevada work-sharing agreement.

What a Nevada court can award

If a court finds an employee was injured by an unlawful employment practice, "the court may award the employee the same legal or equitable relief that may be awarded to a person pursuant to Title VII of the Civil Rights Act of 1964" (NRS 613.432). NRS 613.420(2) also allows "any appropriate relief," including restoring the person's rights. The statute states no dollar cap and does not say whether Title VII's federal damages caps carry over, and our research did not locate an attorney-fee rule for these state-law actions, so this page does not state either.

Under federal Title VII and the ADA, combined compensatory and punitive damages are capped at $50,000 to $300,000 depending on employer size (42 U.S.C. 1981a(b)(3)); the wrongful termination guide has the tiers.

The public-policy exception

Nevada recognizes a tort for discharges that violate strong public policy. In Hansen v. Harrah's, 100 Nev. 60, 675 P.2d 394 (1984), the Nevada Supreme Court held that "the at-will employment rule is subject to limited exceptions founded upon strong public policy," and that a retaliatory discharge for filing a workers' compensation claim is actionable in tort. It pointed to "a clear public policy favoring economic security for employees injured while in the course of their employment." In Dillard Department Stores v. Beckwith, 115 Nev. 372, 989 P.2d 882 (1999), the court held that the 1995 statute NRS 616D.030 "does not affect the case law of tortious discharge against public policy." For benefits, see Nevada workers' compensation laws.

In D'Angelo v. Gardner, 107 Nev. 704, 819 P.2d 206 (1991), the court affirmed a jury verdict for an employee fired after he declined an assignment he reasonably saw as dangerous, tied to the employer's own safety policies, including contract damages, tort damages and punitive damages for tortious discharge.

Reports must go to the appropriate authorities. In Wiltsie v. Baby Grand Corp., 105 Nev. 291, 774 P.2d 432 (1989), the court accepted that "whistleblowing activity which serves a public purpose should be protected," but held that an employee who reported suspected illegal activity only to his supervisor "was merely acting in a private or proprietary manner" and was not protected. Reporting to the appropriate authorities was the distinction the court drew.

Deadline. "An action in tort for common-law wrongful termination of employment must be commenced within 2 years after the date of the termination of employment" (NRS 11.201(1)). The period is paused from the date an administrative complaint about the termination is filed with a federal or state agency until 93 days after that proceeding ends (NRS 11.201(2)).

Constructive discharge

Nevada treats a forced resignation as a possible tort. In Dillard, the court, quoting an earlier decision, said "a tortious constructive discharge is shown to exist upon proof that: (1) the employee's resignation was induced by action and conditions that are violative of public policy; (2) a reasonable person in the employee's position at the time of resignation would have also resigned because of the aggravated and intolerable employment actions and conditions; (3) the employer had actual or constructive knowledge of the intolerable actions and conditions and their impact on the employee; and (4) the situation could have been remedied." The 2-year limit in NRS 11.201 applies to common-law wrongful termination torts.

Contracts, handbooks and bad-faith discharge

The at-will presumption can be overcome by contract. In the consolidated D'Angelo opinion, the court reversed summary judgment for one employer because fact issues remained about the employee's contract, and described its earlier case law as "recognizing that contractual obligations can be implicit in employer practices and policies as reflected in an employee handbook" where the employee knows the relevant provisions. Written contract claims carry a 6-year limit and oral or implied contract claims 4 years (NRS 11.190(1)(b), (2)(c)).

Bad-faith discharge is a narrow tort. In K Mart Corp. v. Ponsock, 103 Nev. 39, 732 P.2d 1364 (1987), the court recognized it "in this fact-specific instance of discharge by a large, nationwide employer of an employee in bad faith for the improper motive of defeating contractual retirement benefits," and said the holding "does not imply that mere breach of an employment contract by a large and powerful employer, or any employer, gives rise to tort damages."

Other Nevada firing protections

• Jury duty: an employer that deprives a juror or person summoned for jury duty of employment because of that service is guilty of a gross misdemeanor. The person may sue for lost wages and benefits, reinstatement, damages equal to the lost wages and benefits, attorney's fees, and punitive damages "not to exceed $50,000" (NRS 6.190). Threatening termination for jury service is also a gross misdemeanor. An employer also may not require the employee to use sick or vacation time for jury service or to work within 8 hours before appearing. A summons comes with a notice for the employer, which an employed person must give the employer at least 3 days before appearing (NRS 6.190(1), (4)). The section states no filing deadline.
• Workplace safety complaints: NRS 618.445 bars discharging or discriminating against an employee for filing a safety complaint or exercising rights under Nevada's occupational safety chapter. The complaint goes to the Division of Industrial Relations "within 30 days after the violation has occurred" (NRS 618.445(2)); the Administrator decides within 90 days whether to sue, and an employee who wins is "entitled to reinstatement and reimbursement for lost wages and work benefits."
• Off-duty lawful products: an employer may not fire someone for lawful use of a product in Nevada outside its premises during nonworking hours if the use does not adversely affect job performance or the safety of other employees (NRS 613.333). Remedies are lost wages and benefits, reinstatement, damages equal to the lost wages and benefits, and court costs and attorney's fees to the prevailing party, and this is "the exclusive remedy" for a claim under the section. The section as our research read it states no deadline.
• Marijuana testing and medical cannabis: NRS 613.132 limits refusing to hire someone because of a pre-employment marijuana screening test, with exceptions; it covers hiring, not firing. Under NRS 678C.850, an employer need not allow medical cannabis use at work but "must attempt to make reasonable accommodations" for an employee with a registry card unless that would pose a threat of harm, cause undue hardship or prevent the employee from doing the job.
• Domestic violence and sexual assault: it is unlawful to discharge, discipline or discriminate against an employee for requesting leave under NRS 608.0198, for taking part as a witness or interested party in related court proceedings, for requesting an accommodation under NRS 613.222, or because domestic violence or sexual assault was committed against the employee in the workplace (NRS 613.223(1)).
• Paid leave and sick leave: an employer may not "Retaliate against an employee for using paid leave" (NRS 608.0197(3)(c)), or retaliate against an employee for trying to enforce, or exercising, the right to use sick leave for family medical needs (NRS 608.01975(5)). NRS 608.0197 applies to private employers with 50 or more employees in Nevada and does not cover temporary, seasonal or on-call employees. NRS 608.01975 applies when the employer provides sick leave, except for employees under a valid collective bargaining agreement. Our research did not verify a filing deadline for these sections.
• Voting: a registered voter for whom voting before or after work is impracticable may take 1, 2 or 3 hours off, depending on the distance to the polling place, at a time the employer designates, and "may not, because of such absence, be discharged, disciplined or penalized" or lose pay; the leave must be requested before election day, and an employer's violation is a misdemeanor (NRS 293.463).
• National Guard service: an employer may not fire a Nevada National Guard member, or a member of another state's guard employed in Nevada, for training, drills or ordered active service (NRS 412.139). A member may request a Labor Commissioner hearing within 60 days after receiving notice of termination (NRS 412.1393(1)). If the Labor Commissioner does not find a violation, the member may sue in district court within 120 days after receiving the termination notice (NRS 412.1393(3)), and the Labor Commissioner may impose an administrative penalty of up to $5,000 per violation. Federal USERRA bars denying "retention in employment" because of military service (38 U.S.C. 4311(a)).
• Witness service: an employer may not fire, or threaten to fire, an employee for serving as a witness, or for being summoned as one, in a judicial or administrative proceeding. Violation is a misdemeanor, and the employee may sue for lost wages and benefits, reinstatement, an equal amount in damages and attorney's fees (NRS 50.070). The section states no filing deadline.

Whistleblowing

Our research did not locate a general private-sector whistleblower statute in Nevada. Private employees rely on the public-policy tort (with the Wiltsie limit on internal-only reports), retaliation protection under NRS 613.340 for opposing discrimination, and NRS 618.445 for safety complaints. Two narrower statutes reach private employers. The Nevada False Claims Act protects an employee fired for lawful acts in furtherance of a false-claims action or other efforts to stop a violation of that Act. It allows reinstatement, twice the lost pay, interest, special and punitive damages and attorney's fees, in a suit filed within 3 years (NRS 357.250). Medical facilities may not retaliate against employees who in good faith report physician misconduct to the medical boards or report a sentinel event, among other protected acts (NRS 449.205). For more, see Nevada whistleblower laws.

Your right to a written reason for the firing

Nevada's blacklisting law does not stop an employer from giving, "at the time the employee leaves or is discharged," a truthful written statement of the reason. "The employer shall supply statements as provided in this subsection upon demand from the employee, but no such statement is required unless the employee has been in service for a period of not less than 60 days. Only one such statement may be issued to that employee" (NRS 613.210(4)). Blacklisting a former employee with intent to prevent re-employment is a misdemeanor for an officer or agent (NRS 613.210(3)). No deadline for the demand is stated.

Our research did not locate a Nevada statute giving private employees access to their personnel files.

Wrongful termination deadlines in Nevada

On the federal deadline, the EEOC's Las Vegas Local Office, Los Angeles District Office and San Francisco District Office each say an individual in Nevada has "300 days from the date of alleged harm to file a charge" against an employer with 15 or more employees, and 300 days for age claims against an employer with 20 or more. For smaller employers, these pages and the San Diego Local Office page point to the state agency, and Nevada law gives 300 days to file with NERC (NRS 233.160(1)(b)).

Where to file in Nevada

• State discrimination claims: the Nevada Equal Rights Commission, part of the Department of Employment, Training and Rehabilitation. A 2025 bill to move NERC to the Office of the Attorney General, SB 160, was vetoed by the Governor on June 5, 2025, so NERC remains in that department.
• Workplace safety retaliation: the Division of Industrial Relations, within 30 days (NRS 618.445(2)).
• Federal discrimination claims: the EEOC, through its Public Portal or at 1-800-669-4000 when a deadline is near. The EEOC says a charge filed with either the EEOC or a state agency it works with is automatically filed with the other.
• Tort and contract claims: directly in court.

Practical steps after a firing in Nevada

Write down the date you were fired, who told you, the reason given, and any complaint, claim, report or jury summons involved, and keep the termination notice, reviews and the handbook. If you worked there at least 60 days, you can ask for a written statement of the reason (NRS 613.210(4)). Watch the shortest clock first: 30 days for a safety complaint, then 300 days for NERC and the EEOC, and 2 years for a tort claim.

If the employer offers money in exchange for a release, read it before signing: a release can give up the claims described here. Our Nevada severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes

• 2025: SB 160, which would have moved NERC to the Office of the Attorney General and revised how discrimination complaints are finally resolved, was vetoed on June 5, 2025. The current text of NRS chapter 613 shows no 2025 amendments. A 2025 law added NRS 233.151, which requires NERC, when investigating a religious-creed complaint, to consider whether the practice was motivated by antisemitism.
• 2021: the Legislature added the 2-year tort deadline in NRS 11.201 and amended NRS 613.310 to 613.340, including the "sexual orientation, gender identity or expression" wording and the hair texture and protective hairstyle definitions, as well as 613.420 and 613.430.
• 2019: the Legislature added NRS 613.412 (right-to-sue notice after 180 days) and 613.432 (Title VII-equivalent relief), and amended 613.420, 613.430 and 233.160.

Related

• Wrongful termination laws by state
• Nevada at-will employment laws
• Nevada whistleblower laws
• Nevada workers' compensation laws
• Nevada severance pay laws

Disclaimer: This article provides general legal information about Nevada wrongful termination law (the at-will rule, NRS chapter 613, NRS 233.160, NRS 11.201, NRS 6.190, NRS 618.445 and related law) and the federal laws that apply in Nevada. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Nevada Equal Rights Commission, the EEOC, a legal aid office or a lawyer licensed in Nevada.

Last updated: October 10, 2026.

Frequently Asked Questions

Is Nevada an at-will employment state?

Yes. Nevada presumes at-will employment, which shifts the burden of proof to the employee, and a job not for a definite period can be ended for any cause if there are no contractual or statutory restrictions on the right of discharge (Yeager v. Harrah's Club, 111 Nev. 830 (1995)).

What is the deadline to file a discrimination complaint in Nevada?

A complaint must be filed with the Nevada Equal Rights Commission not later than 300 days after the alleged practice, and a complaint filed with an appropriate federal agency in that period is also timely (NRS 233.160(1)(b)). The EEOC's federal deadline in Nevada is also 300 days.

How long do I have to sue after a NERC right-to-sue notice?

Not later than 90 days after you receive the right-to-sue notice (NRS 613.420(2)). You may request the notice once 180 days have passed after the complaint was filed (NRS 613.412).

What is the statute of limitations for wrongful termination in Nevada?

A tort action for common-law wrongful termination must be commenced within 2 years after the termination, with the period paused from the filing of a related federal or state agency complaint until 93 days after that proceeding ends (NRS 11.201). Statutory discrimination claims follow the NERC deadlines instead.

Does Nevada protect sexual orientation and gender identity at work?

Yes. NRS 613.330(1)(a) lists sexual orientation and gender identity or expression, though those provisions do not apply to a 501(c)(3) organization (NRS 613.320(2)). Federal Title VII, as read in Bostock v. Clayton County (2020), also bars firing someone for being gay or transgender at employers with 15 or more employees.

Can I be fired for filing a workers' compensation claim in Nevada?

The Nevada Supreme Court held in Hansen v. Harrah's (1984) that a retaliatory discharge for filing a workers' compensation claim is actionable in tort, and Dillard Dept. Stores v. Beckwith (1999) held that a 1995 statute did not change that case law.

Can I be fired for jury duty in Nevada?

No. Under NRS 6.190, an employer that deprives a juror of employment because of jury service commits a gross misdemeanor, and the employee may sue for lost wages and benefits, reinstatement, attorney's fees and punitive damages of up to $50,000.

Does my employer have to tell me why I was fired in Nevada?

On demand, if you worked there at least 60 days. NRS 613.210(4) requires the employer to supply a truthful written statement of the reason for the discharge on the employee's demand, and only one such statement may be issued.

Can I be fired for using marijuana off duty in Nevada?

NRS 613.333 protects lawful use of a product in Nevada outside the employer's premises during nonworking hours if the use does not adversely affect job performance or the safety of other employees. NRS 613.132 separately limits refusing to hire someone over a pre-employment marijuana test; it does not apply to firing.