While some terminations are illegal or "wrongful" such as
violating a contract or a law such as a termination in violation of the Family
and Medical Leave Act (FMLA), most terminations in Nevada will not be illegal.
If you believe your termination may have been wrongful, you may want to consult
with an attorney. Since most terminations are lawful, often Nevada unemployment
compensation and benefits are the only benefit an employee receives once they are terminated.
Reno, Nevada unemployment lawyers and attorneys.
Nevada employees are entitled to receive Nevada unemployment benefits as long as they are not terminated for "misconduct." Misconduct is an unemployment legal term and often an employee is entitled to unemployment pay even if the employer tries to claim an employee was properly terminated or was fired for misconduct. While the process to apply for Nevada unemployment is fairly easy, it becomes more complicated if the employee is initially denied unemployment benefits. Once an employee applies for Nevada unemployment, they will receive a phone interview. The purpose of the interview is to make sure the employee qualifies for Nevada unemployment benefits (such as working long enough in Nevada) and to determine whether any misconduct occurred. It is important to remember that the interviewer is mostly interested in any misconduct.
After the hearing, the Referee that heard the case will mail a
decision. There is still another avenue of appeal if the
employee lost. The Appeal is to the Nevada DETR Board of Review.
Again the time frame to file the appeal is very short.
This appeal is a true appeal and will be very short and often as
short as 5 minutes per side. This is not a new hearing and
no new unemployment evidence will be allowed. Instead,
only argument is allowed as to why the Referee
applied Nevada unemployment law wrong.
Many employees now want to get an attorney to do
this appeal, but it may be too late since only the evidence
presented at the original hearing is allowed and if there was not enough
evidence or the argument was not fully prepared and presented,
then there may not be enough evidence to win at this appeal
level. When in doubt, always contact a
Nevada attorney and
it is a good idea to do it before the first hearing.
Reno Unemployment rights and benefits lawyers
and attorneys in Sparks, Las Vegas and Carson City.
Unlike the initial appeal where a Referee will make a determination, an appeal to the DETR Nevada Board of Review does not mean that a hearing will be given. A hearing is granted in only 2 situations. The first is where the Referee reversed the initial decision from the person that conducted the phone interview. For example, if the initial decision was in favor of the employee, then the Referee reversed and decided the employee is not entitled to Nevada unemployment benefits, then a hearing will be given. The second situation where an appeal will be granted is when the Board is convinced a hearing is needed since they want to review the decision. Therefore it is necessary to state why an appeal is needed and why the Board should hear the appeal. In this Appeal (even if by right), it is necessary to state the legal reasons why the Referee misapplied the law. Reno, Sparks, Las Vegas, Carson City Attorneys and lawyers for Nevada Unemployment rights.
There is still one more "appeal" avenue if the Board of Review denies an employee Nevada unemployment benefits. However this appeal is very complicated as it is to a Nevada State District Court. This appeal is not only complicated, but the burden on the person filing the appeal is very, very high in order to win. Since this is an appeal, the Nevada District Court will not hear any new evidence and will only determine whether the Nevada Unemployment Department made a correct application of law. This is why it is very important to be properly prepared for the first initial "appeal" (hearing) before the Referee.