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Can Your Employer Fire You After a Car Accident in Nevada?
Yes, an employer can fire you if you're involved in a car accident with a company vehicle. Nevada law allows an employer to terminate employees for just about any reason or no reason at all. This is called the at-will employment doctrine. However, employers cannot terminate an employee just because they were injured on the job or filed a workers' comp claim. This is considered retaliatory termination and is illegal under Nevada law.
If you suspect your employer retaliated against you, you have the right to pursue a wrongful termination or retaliation claim against them.
Nevada Is an At-Will Employment State
Nevada is an at-will employment state. Under the at-will employment doctrine, an employer can terminate an employee at any time, for any reason, or for no reason at all, unless one of the exceptions to at-will employment applies. The employer is generally not required to provide notice of termination or a reason for the termination, unless the employer has made promises to do so.
However, Nevada recognizes exceptions to at-will employment. These exceptions may include situations where an employee has signed an employment contract, has a labor union or collective bargaining agreement, is covered by a public entity, or is a member of a protected class such as a person with a disability or a pregnant employee.
In these situations, the employer may not be able to fire the employee, as it could be seen as discrimination or retaliation.
What At-Will Employment Means for Nevada Workers and Exceptions to It
At-will employment means that employees generally have no legal protection against being fired. Employers can terminate you without cause, and you can quit at any time. But this general rule has exceptions.
The following are examples of circumstances where exceptions could apply, and you might have a claim for wrongful termination, even in an at-will state:
- If your termination violates a written or implied employment contract
- If your employer fires you for discrimination based on protected characteristics (race, sex, religion, age, disability, or others)
- If your employer fires you in retaliation for reporting illegal activity (whistleblowing) or exercising a legal right
- If your employer fires you for refusing to engage in illegal conduct or refuse to work in unsafe conditions
In the context of car accidents, if you believe you were unfairly terminated due to a car accident, you can speak with a Nevada car accident attorney from the Rodney Okano Car Accident Lawyer Law Firm, who will take time to understand your situation and lay out your rights and potential legal actions you can take.
Legal Reasons an Employer Can Terminate You After a Crash
There are several legal reasons why an employer may terminate you after a car accident while driving their vehicle, including the following:
- Violating Company Vehicle Policies
- Driving Under the Influence or Reckless Driving
- Losing a Required Driver's License
- Poor Attendance or Job Performance
Violating Company Vehicle Policies
Many companies have specific policies governing the use of their vehicles. If you violate these policies, such as failing to report the accident or not following safety protocols, your employer may take disciplinary action.
For example, if you crashed a company car because you violated its speed limit, you could be rightfully fired.
Driving Under the Influence or Reckless Driving
DUI and reckless driving while operating a company car are serious offenses that can almost always lead to a rightful termination along with criminal charges. The reason that immediate termination is almost guaranteed in these cases is that employers prioritize safety and liability management.
Losing a Required Driver's License
If you lose your driver's license because of a personal or company car accident, you may have no choice but to find another job that doesn't require driving. Losing your license is a serious issue in itself and often suggests a history of poor driving. Termination can be over a suspension or revocation of your driver's license.
Termination over loss of license is most common in commercial trucking, where being unable to drive basically means you are no longer able to fulfill job duties.
Poor Attendance or Job Performance
If the accident caused significant injuries that affect your ability to work, and you are unable to perform your job duties or maintain proper attendance, your employer may terminate you under the circumstances of your work performance.
For example, if you break your arm in a car accident and miss a week of work, your employer may be able to terminate you.
However, if a car crash causes you to lose income or be terminated because of the injuries or damages you sustain, you may be able to recover that lost income through a personal injury claim if you are not held liable for the crash.
Illegal Reasons for Termination After a Car Accident
While at-will employment rules give employers many reasons to fire an employee, there are some legal protections that make termination illegal. These include:
- Retaliation for Filing a Workers' Compensation Claim
- Discrimination Based on Injury or Disability
- Termination for Taking Protected Medical Leave
In general, it is illegal to fire someone simply because they were injured on the job or because they had a car accident. Employers must have a legitimate reason unrelated to the injury to terminate employment.
You can set up a free consultation with a Nevada personal injury attorney from our law firm today to see if your termination may have been illegal.
Retaliation for Filing a Workers' Compensation Claim
If you filed a workers' compensation claim after being injured in a car accident, terminating you in response would be illegal retaliation. This is especially true if the accident was work-related. This protection extends to employees who are perceived to be exercising their rights, even if they haven't formally filed yet.
If you've been fired or punished for filing a claim, you have the right to file a separate retaliation claim. Your employer might argue that they were "just being fired," but timing and documentation can prove that the real reason was retaliation for filing your claim.
Discrimination Based on Injury or Disability
If your injury leads to a disability, your employer may be required to follow the Americans with Disabilities Act (ADA). This law prohibits discrimination based on disability and requires employers to provide reasonable accommodations, such as a modified work schedule or a transfer to a different role, unless it causes undue hardship.
If you're fired because of a disability that you believe qualifies under the ADA, you may be able to pursue a discrimination claim against your employer.
Termination for Taking Protected Medical Leave
When an employee's termination occurs in tandem with a request for protected leave or a request for reasonable accommodations, it can show a pattern of retaliation. This may even be more true if:
- The employee had previously performed well
- The employee has a solid work history
- The employee had previously received positive feedback or praise
- The employee received special treatment that may have been a sign of favorability
In such situations, even if the employer claims that the termination is for legitimate business reasons, the employee may argue that the timing or context suggests a pattern of retaliation.
Can I Be Fired Even If the Car Accident Wasn't My Fault?
It might be hard to believe, but even if the accident wasn't your fault, your employer can still fire you. You may have been in a serious car accident, which left you with injuries and unable to go to work, but your employer might fire you for reasons like:
- You weren't available to work
- You can't meet the job requirements
- You took time off from work
However, as stated before, a legitimate reason for termination besides the injury has to be stated, so be sure to look for that in your termination message.
Does It Matter If the Car Accident Happened On the Clock or Off the Clock?
For Nevada's workers' comp purposes, whether you're on the clock or not doesn't matter. What matters is if you were working for your employer at the time of the accident. If you were doing a work-related task for your employer, you may still be able to get workers' compensation benefits, even if you were off the clock when the motor vehicle accident occurred.
But if the accident happened while you were off the clock and it wasn't work-related, you may not be able to get workers' comp benefits.
There are some exceptions, though. For example, if you were injured while commuting to or from work, you may still be able to get workers' comp benefits. Or, if you were injured while performing work duties outside of your normal working hours, you may still be able to get workers' comp benefits.
Company Vehicle Accidents and Job Security
If you were driving a company vehicle during work hours, your employer may have specific policies regarding vehicle use and accidents. In that case, they may have the right to discipline or terminate you for a company car accident, especially if their driving policies outline it.
However, if the accident occurred in your personal vehicle while running work errands, your employer may not be able to fire you. Or, if the accident occurred during your commute home, your employer may not be able to fire you. But if the car crash results in a charge such as a DUI, you could be fired.
Car Accidents in a Company-Owned Car or Personal Vehicle While Performing Work Duties
If you get into a personal or company car accident while performing official work duties like delivering supplies, picking up materials, or heading to a client meeting, your employer may be liable for your injuries under workers' comp insurance policies and the injuries of the other parties under Nevada's vicarious liability law.
Vicarious liability, or the doctrine of "respondeat superior," makes employers responsible for the actions of their employees, even if the employer wasn't directly at fault.
However, while your employer may be liable for damages, they can still terminate you.
Car Accidents During Your Personal Commute
If the auto accident occurs during your personal commute in your own vehicle, your employer will most likely not be liable for any damages. However, termination will probably not be on the table unless you pick up a criminal charge such as DUI or reckless driving.
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The Rodney Okano Car Accident Lawyer Law Firm is a Las Vegas personal injury law firm that specializes in representing those in car, truck, bus, and motorcycle accidents. Founded in 2001, our law firm has over 20 years of legal experience in Nevada and has remained dedicated to securing the maximum settlement for those injured in motor vehicle accidents. Our firm offers free consultations, which can be set up by calling or sending an email inquiry.
