By

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 acting as an Arbitrator and Mediator.

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

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.