Las Vegas Retaliation Lawyer
You reported sexual harassment to HR, and two weeks later your schedule changed to make your life miserable. You filed a workers compensation claim after getting hurt on the job, and suddenly your performance reviews turned negative. You refused to falsify records your supervisor demanded, and now you are out of work. Employers punish workers for doing the right thing every day, counting on the fact that most employees do not know retaliation is illegal or cannot afford to fight back. A Las Vegas retaliation lawyer at Lobo Law changes that equation. We treat our clients like family and hold employers accountable when they punish workers for exercising their legal rights.
Retaliation claims have become one of the most common forms of employment litigation because employers so frequently cross this line. The impulse to punish workers who cause problems by reporting misconduct or asserting rights is powerful, and many managers act on it without considering the legal consequences.
What Constitutes Protected Activity
Not every workplace complaint qualifies as protected activity. The law protects workers who engage in specific types of conduct that serve important public purposes.
Opposing discrimination is protected under federal and state anti-discrimination laws. This includes complaining about discrimination you experienced, reporting discrimination against coworkers, refusing to participate in discriminatory practices, and testifying or providing evidence in discrimination proceedings.
Participating in discrimination proceedings receives even broader protection. Filing EEOC charges, cooperating with investigations, testifying in hearings or trials, and other participation in the enforcement process is protected regardless of whether the underlying complaint succeeds.
Reporting safety violations to OSHA, refusing to work in conditions that pose imminent danger, and participating in safety inspections or proceedings are protected activities.
Filing workers compensation claims is protected under Nevada law. Employers cannot terminate, demote, or otherwise retaliate against workers for reporting workplace injuries and seeking benefits they are legally entitled to receive.
Reporting illegal conduct by employers, often called whistleblowing, receives protection under various federal and state laws. Nevada law also protects workers who refuse to violate the law at their employer’s direction.
What Counts as Adverse Action
Retaliation requires more than just bad feelings between employer and employee. The employer must take some adverse action that would dissuade a reasonable worker from engaging in protected activity.
Termination is the most obvious adverse action. Firing someone shortly after they engage in protected activity raises immediate red flags. However, employers often take subtler actions they hope will force workers out.
Demotion and pay reduction clearly qualify as adverse actions. Negative performance reviews can constitute adverse action when they affect compensation, advancement opportunities, or job security.
Undesirable transfers and schedule changes may constitute adverse action depending on their impact. Transferring someone to a distant location, changing their shift to one that conflicts with family responsibilities, or moving them to a less prestigious position can all amount to retaliation.
Increased scrutiny and discipline constitute retaliation when applied selectively to workers who engaged in protected activity.
Proving the Connection
The most challenging element in many retaliation cases is proving that the protected activity caused the adverse action. Employers rarely admit retaliatory motives. Instead, they offer alternative explanations that may or may not be genuine.
Timing provides powerful circumstantial evidence. When adverse action follows protected activity by days or weeks, the proximity alone suggests connection.
Shifting explanations undermine employer credibility. When the stated reason for adverse action changes during litigation, factfinders may conclude that the real reason was retaliation.
Comparative treatment demonstrates pretext. If the employer claims performance problems but similarly situated employees with similar or worse performance were not disciplined, the explanation appears pretextual.
Statements by decision-makers provide direct evidence when available. Comments expressing anger about complaints, references to protected activity during disciplinary discussions, or admissions to coworkers about motives all strengthen retaliation claims significantly.
Retaliation in the Las Vegas Workplace
The Las Vegas economy creates particular dynamics that affect retaliation claims. The hospitality industry dominates employment, and these jobs often involve tipped positions, irregular schedules, and at-will employment relationships that give employers significant power over workers’ livelihoods.
Casino and hotel workers who report harassment, discrimination, or safety violations face retaliation from employers who control not just their jobs but their access to the tip-based income that constitutes most of their earnings. Schedule retaliation, where workers suddenly find themselves assigned to slow shifts after complaining, is particularly common and harmful in this industry.
Immigrant workers face additional pressures. Employers sometimes threaten immigration consequences to discourage reports of workplace violations. Such threats are themselves illegal and provide additional grounds for legal action.
Las Vegas Retaliation Lawyer FAQs
How soon after protected activity does retaliation usually occur?
Retaliation often occurs within days or weeks of protected activity, while the complaint or report is fresh in the employer’s mind. However, retaliation can also occur months later, particularly if the protected activity involves ongoing proceedings.
Can I sue for retaliation if my original complaint was wrong?
Yes. Retaliation protection extends to complaints made in good faith and based on reasonable belief, even if the underlying complaint does not ultimately succeed. You do not have to prove discrimination actually occurred to be protected from retaliation for reporting it.
What if my employer says they fired me for performance issues?
Performance-based explanations are the most common defense in retaliation cases. Challenging these explanations requires showing that the performance problems were exaggerated, that the timing is suspicious, or that similarly situated employees were treated differently.
What damages are available in retaliation cases?
Retaliation damages typically include back pay for lost wages, front pay for future lost earnings, compensatory damages for emotional distress, and in some cases punitive damages. Most retaliation statutes also allow recovery of attorney fees.
Serving Workers Facing Retaliation Throughout Las Vegas
Lobo Law represents workers retaliated against at employers across Clark County and surrounding areas.
- Casino and Gaming Industry Workers
- Hotel and Resort Employees
- Restaurant and Food Service Workers
- Healthcare Industry Employees
- Construction Workers
- Warehouse and Distribution Employees
- Retail Workers
- Transportation Industry Employees
- Government Workers
- Education Sector Employees
- Financial Services Workers
- Technology Industry Employees
Contact a Las Vegas Workplace Retaliation Attorney
Reporting misconduct, refusing illegal orders, and asserting workplace rights takes courage. Employers who punish that courage violate the law and undermine protections that benefit all workers. Lobo Law fights back against retaliating employers with the aggressive representation that Attorney Adrian Lobo brings to every case. We understand that retaliation claims involve not just legal issues but personal and professional upheaval that affects entire families. We treat our clients like family because we recognize what is at stake. If you believe your employer retaliated against you for protected activity, call 702-290-8998 for a confidential consultation. We evaluate retaliation claims and help workers understand their options for fighting back.
