Attention National Guardsmen: NRS 412.1393 (see below) prohibits terminating an employee as a result of their having been called to active duty or service. Contact the Labor Commissioner for assistance if you feel you have been unlawfully terminated.

NRS 412.139 Unlawful termination of employment of member of National Guard because of active service or duty; penalty.

      1.  An employer may not terminate the employment of a member of the Nevada National Guard because the member is ordered to active service or duty pursuant to NRS 412.122 or 412.124.

      2.  Any employer who violates subsection 1 is guilty of a misdemeanor.

      (Added to NRS by 1985, 753)

      NRS 412.1393 Unlawful termination of employment: Hearing.

      1.  Any member of the Nevada National Guard who believes his employment was terminated in violation of NRS 412.139 may, within 60 days after receiving a notice of termination, request a hearing before the labor commissioner to determine if his employment was so terminated.

      2.  The office shall supply the member with all forms needed to request such a hearing. The labor commissioner shall conduct the hearing in the manner provided in NRS 607.205 to 607.220, inclusive.

      (Added to NRS by 1985, 753; A 1993, 1605)

      NRS 412.1395 Unlawful termination of employment: Reinstatement; wages and benefits. If the employment of a member of the Nevada National Guard is found to have been terminated as a result of the member being ordered to active service or duty pursuant to NRS 412.122 or 412.124, the member is entitled to be immediately reinstated to his position without loss of seniority or benefits, and to receive all wages and benefits lost as a result of the termination.

      (Added to NRS by 1985, 753)

 

 

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10/10/02