Before terminating any employee who presents elevated legal risk, Nevada employers should conduct a pre-termination legal review. Elevated-risk terminations include:

• Employees who have recently filed a workers' compensation claim
• Employees who have recently complained about harassment, discrimination, or safety violations
• Employees who have recently taken or requested FMLA or Nevada PFLA leave
• Employees who are members of a protected class and have not been subjected to consistent progressive discipline
• Employees who have previously threatened to sue or hired an attorney
• Employees who are 40 or older, particularly when being replaced by younger workers
• Employees subject to a written employment agreement or whose handbook may contain implied contract language

Pre-Termination Review Components: We review the employee's personnel file, the documented reason for termination, the history of discipline and performance management, comparable treatment of similarly situated employees, timing relative to any protected activity, and the proposed termination procedure. We provide a written risk assessment and specific guidance on how to proceed.

Nevada Revised Statutes 608.040 imposes one of the strictest final paycheck requirements in the country:

Involuntary Termination: The final paycheck — including all earned wages, accrued vacation if your policy provides for payout, and any other earned compensation — must be paid immediately upon termination. Nevada does not allow a "next regular payday" grace period for involuntary terminations. Failure to comply exposes the employer to a waiting time penalty of the employee's daily wages for each day the wages remain unpaid, up to 30 days.

Voluntary Resignation: The final paycheck must be paid no later than the next regular payday or within seven days of resignation, whichever is earlier.

Our Guidance: We advise employers on final paycheck compliance as part of every termination consultation, including accrued vacation payout obligations, commissioned employee final pay calculations, and waiting time penalty exposure.

The termination meeting itself is one of the highest-risk moments in the employment relationship. What is said — or not said — in the termination meeting can create or destroy legal claims.

Termination Meeting Best Practices:

• Have a witness present (HR representative or second manager) who can document the meeting
• Keep the meeting brief, professional, and focused on the termination decision — not a debate
• State the reason for termination clearly but without excessive detail that creates new claims
• Have a termination letter ready to deliver that documents the stated reason
• Do not apologize in ways that suggest the decision was wrong or discriminatory
• Do not make representations about future references, unemployment, or legal rights that you cannot guarantee

What Never to Say:

• Anything referencing a protected characteristic — even obliquely
• Statements that suggest the real reason differs from the documented reason
• Promises about severance, references, or unemployment that are not reduced to writing
• Statements that could be construed as threats or retaliatory in nature

Our Service: We develop termination meeting scripts and checklists for your HR personnel and managers, conduct termination meeting preparation sessions, and are available by phone during high-stakes termination meetings to answer questions in real time.

For higher-risk terminations, a well-drafted severance agreement with a comprehensive release of all claims is the most cost-effective risk management tool available. A valid release eliminates the former employee's ability to pursue any legal claims arising from the employment relationship — including discrimination, retaliation, harassment, and wage and hour claims.

Nevada and Federal Release Requirements:

• General releases must be knowing and voluntary and supported by consideration beyond what the employee is already owed
• ADEA releases (employees 40+) must comply with the Older Workers Benefit Protection Act (OWBPA): 21 days to consider, 7-day revocation period, specific statutory disclosure language
• Group layoff releases require enhanced ADEA disclosures and 45 days to consider
• Nevada-specific requirements for release of state law claims

Our Service: We draft Nevada-compliant severance agreements and release packages for all termination scenarios — individual separations, executive departures, group reductions in force, and performance-based separations — and advise on appropriate severance amounts based on risk, position, and tenure.