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Thelawman2, Lawyer
Category: Employment Law
Satisfied Customers: 1575
Experience:  Attorney-at-Law
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I believe I was a victim of a Kiss up Kick out situation and

Customer Question

I believe I was a victim of a Kiss up Kick out situation and I was the executive director and not allowed to say anything to any employees or question any issues, they used that against me when I did comment on an issue. Is a PIP plan legal since its not documented in the handbook or policy procedures.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Thelawman2 replied 11 months ago.

Hello, my name is ***** ***** I will be helping you today.

There is really nothing you can do to attack the PIP Plan directly, even though it is not in the handbook or policy procedures. What it can be used for is evidence of retaliatory or discrminatory actions taken by your employer.

So let's start at the basics. In the US, if you are an at-will employee, you can generally be fired for any reason at anytime. So most times, even if what the company did did not follow company policy, there really isn't any recourse against the employer.

In Nevada, there are two exceptions. Exceptions to this general rule can come from two sources: (1) courts, which modify and make "common law protections" or (2) the legislature, which enacts "statutory protections." Statutory protections tend to be specific, addressing certain subject areas (such as discrimination, workers' compensation, etc.).

Nevada recognizes a public policy exception to the at-will employment doctrine. An employer may not discharge an employee for a reason that violates an established pubic policy of Nevada. An employee has a cause of action in other words, the employee may sue for wrongful discharge when the motivation for the discharge violates public policy.

To determine what constitutes public policy, Nevada courts will look to statutes and constitutional provisions to determine if a given practice has been endorsed (e.g. the right to collect workers' compensation benefits) or prohibited (e.g. criminal laws prohibiting perjury). So, for example, because a Nevada statute endorses an employee's right to collect workers' compensation benefits, an employer who retaliates against an employee for invoking that right would be contravening public policy. On the other side of the same coin, because criminal statutes prohibit perjury, an employer who coerces an employee to commit perjury by threats of reprisal is also contravening Nevada's public policy. In both situations, employees are protected from retaliatory discharge.

In addition, the Nevada Legislature has adopted narrow statutory protections for certain activities. Employees who engage in protected activities (usually filing a complaint or testifying) under laws in the following subject areas are protected from retaliation: compensation, discrimination, lie detectors, medical misconduct, and occupational safety and health. Additionally, public employees are protected under the Ethics in Government Act.

An employee may file a lawsuit in an appropriate court. The lawsuit must be filed within 2 years of the retaliatory action, unless otherwise specified by statute. If you believe you have a claim, you should contact a lawyer. Nev. Rev. Stat. Ann. § 11.190(4)(e). When related to occupational health and safety, an employee may file a written complaint with the Nevada Division of Industrial Relations (NDIR). The complaint must be filed within 30 days of the retaliatory action. However, an employee must first notify his employer of his intention to file a complaint. NDIR will investigate and may pursue legal action on your behalf.