If an employee in the state of Nevada quits their job for good cause or is terminated for any reason other than misconduct, they are entitled to unemployment benefits so long as they have been working for a sufficient amount of time to qualify. Generally speaking, an employee who quits their job without good cause or who is terminated for misconduct is ineligible to collect unemployment.
What is Good Cause for Quitting Employment?
There is no Nevada statute that specifically defines “good cause” for quitting employment. However, the Nevada Department of Employment, Training and Rehabilitation (DETR) holds a person can demonstrate good cause through objective standards. That standard asks whether an average person would find the person has a compelling reason to leave their employment after examining all other appropriate alternatives. The other appropriate remedies could be things like discussing the employee’s employment concerns with shift supervisors, managers, company owners or human resources division, where applicable or reasonable.
What is Misconduct that Will Disqualify a Person for Unemployment?
Any employee terminated from their employment for engaging in misconduct, cannot receive unemployment benefits. There isn’t any Nevada statute that defines misconduct in this context. Sounds familiar right? But, Nevada DETR has defined it in several ways, which include when an employee:
- Intentionally violates the type of acceptable behavior a company is entitled to expect from its employees, or to put it another way, the employee engaged in unacceptable behavior outside the norms of what should be expected.
- Completes their work in a way, in which they exhibit great disregard for the job’s obligations or duties or for the company’s best interests.
An employee’s actions in performance of job tasks that are merely negligent will not constitute misconduct for which the employe will be barred from obtaining unemployment compensation. When interpreting what is misconduct and determining whether a person may be entitled to collect unemployment compensation, Nevada courts will examine whether there is some element of culpability in the employee’s actions.
It is also important to note that employers are required to prove their terminated employee’s misconduct. If the employer meets their burden to prove misconduct, the employee is then required to prove he or she did not engage in the alleged misconduct.
An Employee Who Quits or is Terminated has the Responsibility to File for Unemployment Benefits
Any person who has quit employment or is terminated from employment has the affirmative personal duty to file for unemployment benefits. Nobody else is required to inform the state unemployment insurance system of a person’s unemployment compensation eligibility. Nevada makes filing for unemployment easy by having an online system. For more information on filing unemployment claims, the Nevada Administrative Code can be helpful at NAC 612.100 to 612.252.
When someone does file for unemployment benefits, they should take extra care to ensure they have properly completed all information accurately. Any person who is caught being dishonest, intentionally misrepresenting facts, or purposefully failing to provide information relevant to the state’s determination of their ability to receive unemployment benefits will be disqualified from receiving future benefits. The State’s ability to deny benefits can last up to one year, which is a long time for someone out of work. In addition, any unemployment benefit payments already made as a result of the dishonesty are overpayments and the state is entitled to repayment of those amounts.
What Happens Once an Employee Files for Unemployment Benefits?
Once an employee files their claim for unemployment benefits, their prior employer or employer(s)–depending on length of employment–are contacted to determine the terms of the split in employment and to learn any other relevant information. Nevada DETR can either grant or deny unemployment benefits to the employee. Once benefits are granted, an employee will continue to receive them so long as they continue to meet all requirements and qualifications imposed by the state (e.g. engaging in a job search).
What if Unemployment Benefits are Denied?
If a person is denied unemployment benefits and disagrees with the decision made by Nevada DETR, he or she has the right to appeal the denial of benefits. The appeal will take place before an appeal referee at a hearing in Nevada DETR’s offices. The employee must submit their appeal of the denial of benefits within 11 days of the date of the official determination of DETR.
In the hearing, the employee will be given an opportunity to present their case. The employer is also permitted to attend and present their case. Also in attendance will be an attorney for Nevada DETR either via phone or in person. Once the hearing is conducted, the referee will close the record and make his or her decision. The decision will be issued in a written letter to the employee.
What if the Referee Agrees with DETR’s Denial of Unemployment Benefits?
If the referee agrees with DETR, he or she will confirm the denial of benefits. Upon receiving the written referee’s decision, the employee can appeal the referee’s decision with the Board of Review. The employee’s appeal must be submitted to the Board of Review within 11 days of the date of the referee’s decision. The employee’s appeal must be in writing and signed by them or their authorized representative (e.g. attorney or in some cases, guardian).
The Board of Review, in its discretion, will review the referee’s decision confirming Nevada DETR’s denial of benefits. The Board of Review is the final step in the administrative process.
What if the Board of Review Agrees with the Referee and DETR’s Denial?
Once the Board of Review issues its decision, the employee’s appeal right is limited to petitioning the Nevada District Court within 22 days of the Board of Review’s determination. The District Court will review the decision of the Board of Review only for an abuse of discretion, which is a standard that is very favorable to the Board of Review.
Employees appealing determinations of DETR, referees’ decisions, and Board of Review determinations must take care to ensure they are complying with all of the deadlines. The deadlines set by law are firm rules and missing any of the deadlines will terminate all other appeal rights the employee has.
This post is not legal advice; it is only legal information. The only way for a person to obtain legal advice on their specific case is by speaking with a Nevada attorney experience in representation of employees in labor and employment law.
