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I was fired from my job. I have an employee handbook without a disclosure. ICan I get my job back?

Las Vegas, NV |

I was fired from my job. I have an employee handbook without a disclosure. Can I get my job back? Is the handbook a contract. If so, then did the company breach the contract?

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Attorney answers 2

Posted

Nevada is an at will employment state, your employer doesnt need any reason to fire you. As for whether the handbook is a contract that depends on the language. Have a local attorney review it. Best of luck!

NO LEGAL ADVICE GIVEN. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does NOT provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your case. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal administrative law; professional licenses and permits; education law; employment and labor law; and litigation matters in state and federal courts. Our practice is limited to the States of Oregon and California. If you have a case in any other state we would not be able to assist you. Unless we have a signed written fee agreement you are not my or my firm's client.

Asker

Posted

Local attorneys cost money. I was fired, so I have no money. Will you review it for free? Then take the case on contingency? Since it's not yet a lawsuit, then maybe you can take the case as long as we don't sue in court. There's no harm in negotiating.

Randy Jay Harvey

Randy Jay Harvey

Posted

What you are asking is not legal. I am not licensed in Nevada and any activity by an attorney not licensed in your state is the unlawful practice of law there. You should contact the local bar association for a referral to a contingency employment lawyer, or search for one here on the Avvo site. If you cannot find an attorney to take it on contingency, and you cannot afford to hire an attorney, you may just have to let it go. Best of luck.

Asker

Posted

It's a federal claim, so any attorney in any state can pre-negotiate in lieu of a lawsuit. It's not illegal. Union stewards represent employees, EEOC clerks represent employees, and they are not lawyers. But it's ok. I understand. Thanks for answering my question. I'll find local counsel.

Randy Jay Harvey

Randy Jay Harvey

Posted

No sorry, you have to be licensed in Nevada to practice in Nevada Federal court unless you file pro-hac and engage local counsel. Find someone there.

Posted

A handbook is a general guidelines governing employment, and is not a contract which can be binding. However, some of the guidelines can have contractual meaning. Also, you should note the guidelines regarding progressive discipline and terminable offenses. Furthermore, Nevada is at will state which means you can quit your job at your will, and likewise your employer can terminate you at their will. However, you can contest if you was terminated because of race, gender, age, public policy restrictions.

Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation. However, more fact may be required by your local attorney.

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