Legal Question in Employment Law in Nevada
Possible Wrongful Termination in Reno
I am writing this for my daughter who lives in Manhattan. She was recruited by an agency for a fashion design company in Reno, Nevada. She was interviewed by several company managers in New York in August, 2004, and then was flown to Reno at company expense in September, 2004. In early October, she received the formal offer of employment. The offer included the salary, complete coverage of all moving expenses, and 3 months rent on an apartment in Reno. She, of course, resigned from her current job, gave up her apartment, and moved to Reno to accept the position. Her first day was October 25. She spent 3 days on the job, was given various assignements, and thought things were going very well. On October, she flew back to New York (again at company expense), to prepare for the movers, etc. She received a call from the HR manager that day who related that the company didn't want her to come back to Reno. She called the managers who told her she wasn't a good fit for the job, and that she was being terminated. They then cancelled the moving company, and told her she would be receiving severance papers in the mail. She would have 7 days to sign and return these.
Needless to say, my daughter is distraught. Is there any recourse???
2 Answers from Attorneys
Re: Possible Wrongful Termination in Reno
I cannot give legal advice via this service, only general information and maybe an opinion. The situation you outline is, in my opinion, somewhat unclear legally. The general rule is, absent some sort of clear contractual agreement, employment at will, discharge can be for any reason or no reason at the employer's option (I am ignoring discrmination, race, religion, sex, etc., issues here). That being said, there may be some contractual or legal obligations on the employer in the situation you relate, it is unclear to me since you have not told me all the details. If your daughter wishes she can telephone me at 702-383-6085 and I would speak with her briefly to see if this is something that I might assist with, it is unclear to me.
Leon Greenberg, Esq.
Re: Possible Wrongful Termination in Reno
Your daughter may want to consider what, if anything, in her employment agreement might allow her to change employment at any time, for any reason, without legal consequence, in connection with this situation. In other words, had she found a job in Reno paying more money, better benefits, or whatever, could she require the first employer to move her, pay bonuses, etc., and get nothing in return. The "at-will" presumption in Nevada employment law is, at least in theory, a "two-way street".
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