A Nevada employment litigation lawyer handles the part most employees never see coming: what actually happens after you decide to act. Greenberg Gross LLP represents Nevada workers from the first administrative charge through trial, and we are a trial firm by design rather than by exception.
Nevada's process has more steps than most people expect and shorter deadlines than California's. Knowing the sequence in advance is worth a great deal.
Call our Las Vegas office at (702) 777-0888 for a free consultation. We will map your case before you commit to anything.
Table of Contents
- Table of Contents
- What Is Employment Litigation in Nevada?
- Nevada's Anti-Discrimination Statute
- How Does a Nevada Employment Claim Begin?
- The Stages of a Nevada Employment Lawsuit
- How Long Does a Nevada Employment Case Take?
- Why Nevada Employees Choose a Trial Firm
- What Does It Cost to Bring an Employment Case?
- FAQs Answered by Our Nevada Employment Litigation Attorneys
- Talk With a Nevada Employment Litigation Lawyer
What Is Employment Litigation in Nevada?
Employment litigation is the formal process of enforcing workplace rights through an agency and then a court when an employer will not resolve the matter on its own. It covers discrimination, harassment, retaliation, wrongful termination, and whistleblower claims once they move past the administrative stage.
Nevada runs a two-track system. State claims arise under the employment practices chapter of the Nevada Revised Statutes, while federal claims arise under Title VII and its companion statutes.
The two tracks overlap heavily, and most Nevada cases begin as both. Choosing which one to pursue in court is a strategic decision made later, not at the outset.
Nevada's Anti-Discrimination Statute
Nevada's core employment protections are set forth in NRS 613.330, which makes it unlawful to discriminate on the basis of a protected characteristic. The statute generally applies to employers with 15 or more employees.
The characteristics Nevada protects include:
- Race, color, and national origin
- Religion
- Sex, sexual orientation, and gender identity or expression
- Age, for workers 40 and older
- Disability
- Pregnancy and related conditions
- Discussion of wages between employees
Related sections of the same chapter address retaliation for opposing unlawful practices and protections around criminal history in hiring. Which sections apply depends on the facts, and we identify that before anything is filed.
How Does a Nevada Employment Claim Begin?
Nearly every Nevada discrimination claim begins with an administrative charge rather than a lawsuit. You generally must file with the Nevada Equal Rights Commission or the federal agency before a court will hear the claim.
The Nevada Equal Rights Commission accepts employment charges and publishes its filing requirements. Employment charges generally must be filed within 300 days of the last discriminatory act, which is a much shorter window than California's.
The commission and the Equal Employment Opportunity Commission operate a work-sharing agreement, so a charge filed with one is generally cross-filed with the other. Filing separately with both is usually unnecessary as long as you ask for cross-filing.
After filing, the agency may investigate, attempt mediation, or issue a determination. Where an employee has counsel and intends to litigate, requesting a right-to-sue notice is often the faster route.
The window to file suit after a right-to-sue notice issues is short. It is one of the easiest deadlines in Nevada practice to miss, and missing it can end an otherwise strong claim.
Greenberg Gross LLP is ready to stand by your side
The Stages of a Nevada Employment Lawsuit
Once the administrative stage closes, a Nevada employment case follows a recognizable path. Knowing it removes most of the uncertainty about what you are signing up for.
Stage 1: Case Evaluation and Evidence Preservation
We review your documents, interview you in detail, and identify every claim and deadline. Where records are at risk, we put the employer on notice that relevant material must be preserved.
Stage 2: Administrative Charge
We file with the state or federal agency, request cross-filing, and manage the process. Where litigation is the goal, we request a right-to-sue notice rather than waiting out an investigation.
Stage 3: Choosing the Forum
Nevada cases can proceed in state district court or in federal court, and the choice carries real consequences for procedure, jury pool, and timing. We make that decision based on the claims involved rather than out of habit.
Stage 4: Pleadings and Early Motions
We file the complaint, the employer answers, and motions attacking the pleading or seeking to compel arbitration frequently follow. These early rulings shape everything after them.
Stage 5: Discovery
This is where employment cases are won. We obtain personnel files, internal complaints, investigation records, comparator data, and communications, and we depose the decision-makers. You will give a deposition, and we prepare you thoroughly.
Stage 6: Mediation and Settlement Conference
Most cases reach a mediation after the key depositions. Employers settle at this stage when they have seen the evidence and understand that trial is a real prospect rather than a bluff.
Stage 7: Summary Judgment
Employers routinely ask the court to end the case without a trial. Defeating that motion depends on the comparator evidence and timeline assembled during discovery, and surviving it usually changes the settlement value substantially.
Stage 8: Trial
If the case does not resolve, a jury decides it. Nevada employment trials commonly run one to three weeks, depending on the number of claims and witnesses.
Most cases conclude somewhere in the middle of this sequence rather than at the end. Understanding the entire path lets you make an informed decision at each point along it.
How Long Does a Nevada Employment Case Take?
Most Nevada employment matters resolve within one to two years from the administrative filing, though the range is wide. The agency stage alone can take several months unless a right-to-sue notice is requested early.
Pleadings and early motions typically occupy the first three to six months after filing suit. Discovery is the longest phase and commonly runs nine to 15 months.
Trial settings depend heavily on the court's calendar, and cases sent to arbitration under an employment agreement can move faster, with tradeoffs we will explain if that applies.
We give you a realistic range once we have seen your file, rather than a number designed to sound reassuring.
Why Nevada Employees Choose a Trial Firm
Greenberg Gross was founded in 2013 by Alan Greenberg and Wayne Gross, who came to plaintiff-side work from a global law firm. We built a trial practice, and defense counsel keep track of which firms actually try cases.
What that means for a Nevada employee:
- We prepare every case as if a jury will hear it, which affects settlement value long before a trial date exists.
- A litigation bench across 13 offices in seven states, so a casino operator, hospital system, or national employer is not too large to take on.
- Attorneys who try cases, including Brian Williams, rather than a volume practice built on fast resolutions.
- Recognition including Super Lawyers, AV Preeminent from Martindale-Hubbell, ABOTA membership, and Daily Journal Top 100, Top Plaintiff, and Top Labor & Employment honors.
- Demonstrated capacity in complex litigation, including a $171 million settlement in the 2017 North Bay Fires litigation and a $25 million settlement in the 2018 Camp Fire litigation.
- Free consultations and contingency representation, so cost is not what decides whether you act.
Our Nevada work runs out of our Las Vegas office, and we handle matters throughout the state. Call (702) 777-0888 to talk through where your case stands.
We can help determine the details of your case
What Does It Cost to Bring an Employment Case?
We handle employment litigation on a contingency basis, so there are no attorney fees unless we recover for you. Case costs, including filing fees, deposition transcripts, and retained witness fees, are advanced by the firm rather than billed to you along the way.
Prevailing employees may also recover attorney fees and costs from the employer under both state and federal employment statutes. Those provisions exist so that the cost of counsel does not decide who gets into court.
We put the fee structure in writing before you sign and walk through it with you line by line.
FAQs Answered by Our Nevada Employment Litigation Attorneys
These are the questions Nevada employees ask us most often once litigation becomes a real possibility.
Do I have to file with an agency before I can sue?
For most discrimination and retaliation claims, yes. Nevada and federal law generally require an administrative charge and a right-to-sue notice before a court will hear the claim. Some claims follow different rules, which is a reason to have the route reviewed early.
How long do I have to file a charge?
Employment charges with the state commission generally must be filed within 300 days of the last discriminatory act, and the window to file suit after a right-to-sue notice is considerably shorter than that. Nevada deadlines are tighter than California's, so acting early matters.
Should my case be in state court or federal court?
It depends on the claims. Nevada state court can be preferable for state-only claims, while federal court often suits cases with parallel federal statutory claims. We make that call based on the specific mix in your case.
My employer has 10 employees. Am I covered?
Nevada's main anti-discrimination provisions generally apply to employers with 15 or more employees, so a smaller employer may fall outside them. Other claims may still be available, and it is worth reviewing rather than assuming.
What happens if I signed an arbitration agreement?
Your employer will likely move to send the case to a private arbitrator instead of a jury. Not every agreement is enforceable, and the specific language matters, so we review it before assuming it controls.
Will I have to testify?
You should expect to give a deposition, which is sworn testimony in a conference room rather than a courtroom. Most cases resolve before trial, so many clients never testify in front of a jury. We prepare you thoroughly either way.
Can I be fired for filing a charge?
Retaliating against an employee for filing a discrimination charge or participating in an investigation is separately unlawful and creates an additional claim. If your treatment changes after you file, document it and tell us.
Talk With a Nevada Employment Litigation Lawyer
Nevada's deadlines move faster than most people assume, and the first conversation costs you nothing. Getting the timeline mapped early is often the difference between having options and having one.
Call Greenberg Gross at (702) 777-0888 or reach us through our contact form. We represent Nevada employees on a contingency basis, and consultations are free.