Legal Question in Civil Rights Law in Nevada

My fiance's exemployer called my coworkers and told them he was fired for theft

My fiance was terminated from his job for suspicion of theft. without even letting him defend himself he was fired. The CEO of his company then called every branch manager of my company and asked them if they knew me and that my fiance had been fire for stealing rims. My company does subcontract this company, but did they have the right to bring my name into it or to say he had stolen from them when ther is not even going to be a trial because ther is no evidence that he did it? They have also called every other company in his field and told the he is a thief? is this leagal for them to do?


Asked on 8/05/00, 12:15 am

1 Answer from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: My fiance's exemployer called my coworkers and told them he was fired for th

Perhaps so. Nevada laws provide the following rights:

1.Spotter Reports: Before disciplining or discharging an employee based upon a report by a

"spotter" (private detective, secret shopper or similar person), and where a question of

integrity, honesty or breach of rules is involved, the employee is entitled to a hearing where he

or she can confront the person making the report and have the right to furnish testimony in

his or her defense. N.R.S. �613.160.

2.Service Letter: Upon demand by an employee who has been employed for at least sixty days,

an employer must supply an employee with a written statement as to any meritorious services

which the employee may have rendered to that employer or a truthful statement of the reason

for that employee�s discharge. N.R.S. �613.210(4).

3.Personnel Files: The statutory sections describing employee access to personnel files have

never contained the precise terms "personnel files." The statute speaks of "records regarding

employment." Those records are described in the statute as including records used to

determine the qualification of an employee and any disciplinary action against an employee,

including termination. Specifically excluded from that definition of records which must be made

available to employees are: confidential reports from previous employers or investigative

agencies and information concerning the investigation, arrest or conviction of that person for

violation of any law. The list of items employers need not make available to employees also

includes "confidential investigative files concerning the employee."

The statute goes on, however, to prohibit employers from maintaining a "secret record of

employment regarding an employee."

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Answered on 9/13/00, 8:12 pm


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