Nevada Supreme Court Restricts Wrongful Termination Claims

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Fox Rothschild LLPPartner Deanna Forbush of our Labor & Employment Practice Group recently secured a victory in the Nevada Supreme Court on a matter of first impression that will benefit all employers by establishing a two-year statute of limitations for wrongful termination claims.

The decision in Patush v. Las Vegas Bistro, LLC upheld the lower court’s decision to dismiss as time-barred a wrongful termination action filed by a former employee nearly four years after her termination.

In clarifying the applicable limitations period, the Nevada Supreme Court determined that wrongful termination claims – including those involving alleged violations of public policy – are analogous to personal injury claims and therefore subject to the standard two-year limitations period.

In so ruling, the justices rejected the appellant’s argument that her claims should be subject to the four-year limitations period for actions based on an unwritten contract. The court opined that wrongful termination claims “fundamentally seek redress for a violation of personal rights protected by public policy, not of a contractual dispute.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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