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In Nevada, the elements for a claim of constructive discharge (also known sometimes as tortious discharge) are:

  1. The employee’s resignation was induced by actions and working conditions by the employer which are so intolerable as to amount to firing despite a lack of termination. The actions of the employer violate public policy;
  2. Objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign;
  3. The employer had actual or constructive knowledge of the intolerable actions and their impact on the employee;
  4. The situation could have been remedied; and
  5. Causation and damages.

Dillard Dept. Stores, Inc. v. Beckwith, 115 Nev. 372, 376, 989 P.2d 882 (1999); Martin v. Sears Roebuck & Co., 111 Nev. 923, 899 P.2d 551 (1995).

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.