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In Nevada, the elements for a claim of bad faith discharge, tortious discharge, or wrongful discharge, are:

  1.  Enforceable contract of employment (even for an indefinite period of future employment);
  2. Special relationship between the tortfeasor and the tort victim (i.e., a relationship of trust and special reliance);
  3. Employer acts in bad faith; conduct must go well beyond the bounds of ordinary liability for breach of contract;
  4. Causation and damages; and
  5. Punitive damages.

Martin v. Sears, Roebuck and Co., 111 Nev. 923, 899 P.2d 551 (1995); Shoen v. Amerco, Inc., 111 Nev. 735, 896 P.2d 469 (1995); D’Angelo v. Gardner, 107 Nev. 704, 819 P.2d 206 (1991); Kmart v. Ponsock, 103 Nev. 39, 732 P.2d 1364 (1987).

 

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.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.