Nevada Whistleblower Laws

Those who are brave enough to report wrongdoing deserve protection. Federal whistleblower laws are embedded in federal regulatory acts such as the Sarbanes-Oxley Act. These laws allow whistleblowers affected by the offenses they reported to file legal action to claim a portion of the money recovered. Qui tam actions are often written into the act’s language.

Local government laws protect employees from retaliatory actions, such as termination or harassment, if they report their employers for violating tax or employment laws. This article examines both types of Nevada whistleblower laws. If you’re considering filing a whistleblower claim in Nevada and aren’t sure what to do, consider speaking with a whistleblower law attorney for legal guidance.

Nevada Whistleblower Laws

Nevada law protects both public- and private-sector employees from retaliation for whistleblowing. Public employees who prevail in a whistleblower lawsuit may be reinstated in their former job, receive back pay and benefits, or both. Private employees may have similar protections or be entitled to file a civil claim for damages.

All whistleblowers must act in good faith, meaning they must reasonably believe what they’re reporting is true and accurate. In general, employees have common-law protection against wrongful termination for reporting health and safety violations or wage-and-hour violations. The state of Nevada has laws that protect employees who report such violations.

The Nevada False Claims Act

The Nevada False Claims Act (NRS § 357.040) makes it unlawful to knowingly present a fraudulent claim with the government, with or without a specific intent to defraud. The False Claims Act provides grounds for a qui tam action. It includes protection from harassment, demotion, suspension, or termination in some cases if the claimant brings the claim within three years of the alleged retaliatory action.

Nevada OSHA Protection

Both the federal and Nevada Occupational Safety and Health Administration (OSHA) have mechanisms for workers and employees to report workplace injuries and safety violations. They also allow workers to provide witness statements during investigations. State law prevents employers from firing employees or taking other employment action against workers for such actions.

Public Employees

Public-sector employees in state and local agencies are protected when disclosing “improper governmental action” such as violations of state or local laws, mismanagement of funds, or abuse of authority. State law defines what types of reporting are covered and what protections employees receive for reporting violations. Nevada public policy encourages employees to report wrongdoing by government officials, and the law requires local government to enact protective laws at all levels to ensure compliance.

Federal Law Protections for Whistleblowers

Federal laws enforced by the U.S. Department of Justice contain their own whistleblower protections. The federal Whistleblower Protection Act (WPA) applies only to federal employees who report federal misconduct, but other federal agencies enforce regulations with whistleblower protections. These include:

• Occupational Safety and Health Administration (OSHA)
• The False Claims Act (FCA)
• The Toxic Substances Control Act (enforced by the EPA)

These laws and agencies provide legal protections for employees who report violations. Reporters should consult an attorney before reporting, as legal requirements and deadlines apply to qualify for protections.

Reporting and Legal Remedies

Whistleblower reports are usually filed with the agency or office where the offense occurred. For example, you must report a federal workplace safety violation through OSHA. Whistleblower cases can fail if you don’t report them correctly under the agency’s requirements. Nevada reporting requirements are similar within the state. Always get legal advice before making a whistleblower report.

Retaliation and Remedies

Nevada law gives employees a right to request a hearing for retaliatory behavior that occurs within two years of a disclosure. The employee must request the hearing within 60 days of the alleged retaliatory action. They must also provide information about the initial disclosure and retaliatory acts.

Private employees may have a private cause of action for wrongful termination under Nevada’s public policy exception. Since Nevada policy encourages whistleblowers to come forward, whistleblowing is considered a “protected activity.” A private cause of action is subject to wrongful termination statutes of limitation, in this case within two years of the wrongful act. Remedies can include reinstatement, back pay, restoration of lost benefits, or a lump-sum settlement.

Get Legal Advice From a Nevada Whistleblower Attorney

Making a whistleblower claim can end a career or lead to workplace issues. Before reporting workplace violations, consider consulting a Nevada whistleblower attorney. An attorney will examine your claim, explain your best options, and help you navigate the legal process.