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  • Termination of employee, some questions. Nevada

    We recently terminated an employee because we found out that he was employed with another similar competitor company and 'selling' the same product. This employee was salaried with both companies and was W2 in both companies, claiming 40hrs/week in both. Obviously, there is a major conflict of interest here and a betrayal of trust towards our company, hence he was immediately terminated. He was a sales representative and he mostly works in the field. My questions:

    -Can I be sued for wrongful termination?

    -Did the ex-employee violate any Nevada Labor Law?

    -I do know that I have to pay him his final wages within three days of a regular termination, but do I have a right to hold payment until shown proof that he actually did some actual work for me?

    -Can I sue him for wages paid while he was employed with both companies?

    -I pay bi-weekly and he has a check due which I may be paying, do I have to include this week’s pay unto his check as well assuming he did some actual work for me?

    Thank you in advance!

  • #2
    1. No. Wrongful termination means that a person is violation of a law that would have otherwise prohibited. No such law has been violated.

    2. No. There's no law that says that someone can only work for one employer at a time or must disclose other employment.

    3. No. He could file a wage complaint against you if you did, and you could be liable for fines.

    4. Possibly. You'd need to consult a local attorney.

    5. You have to ay him through his last day of work.
    I am not able to respond to private messages. Thanks!

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    • #3
      This was not a wrongful termination. That doesn't mean the employee "might"
      not sue you/can't sue you. Anyone can sue anyone else for anything but that doesn't mean they will win. I don't see a case here.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Thank you for the insightful responses. I do have another question. I am calling contacts to notify them about the termination, am I allowed to disclose the reason for termination to the contacts? If no, what if they ask? Thanks again.

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        • #5
          You can disclose anything that is a true fact (Jim was fired for breaking our conflict of interest policy), or your opinion (I think Jim was dishonest in how he handled this) You just can't lie about him. There is a myth that past employers can only give out certain bits of info, but it's just a myth.
          Last edited by TSCompliance; 08-05-2011, 11:25 AM.

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          • #6
            Agree, you can give out any information that is true or is your honest opinion
            of what you believe to be true.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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