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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118788
Experience:  20+ Years of Employment Law Experience
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I live in Las Vegas. I was employed by NSTec over two years.

Customer Question

Good morning-
I live in Las Vegas. I was employed by NSTec for just over two years. On September 29th, 2014, I was laid off due to a "5% work force cutback". I asked if I had recall rights and they said no. I am being told by fellow employees that I may have a case.
Could someone please help me?
Thank you,
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are you under a union contract?
Customer: replied 1 year ago.
I was not under a union contract.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Under Nevada law, unless someone is under a union contract where there is a right to rehire clause, there is no law that mandates an employer to rehire any employee that has been laid off. Absent any type of contractual provision, the law in NV is at will employment, which means the employer has the right to choose and decide who they will bring back to work or rehire or they can choose not to rehire anyone and hire all new employees if they seek to do so as long as they are not terminating employees based only on their age/race/sex/disability/national origin or refusing to rehire based on one of those reasons, the employer does not have to take back any RIF'd employee unless there is some written agreement with the employee to do so.