State, Sec’y of State v. Wendland, 140 Nev. Adv. Op. 64 (Sept. 26, 2024)

The Court held that NAC 284.6562(2)(b)’s attachment requirement only needs substantial compliance by employees through accurately completing and signing an NDP-54 form. If there is a motion to dismiss for failure to attach a copy of the written discipline, then the employee must attach a copy of the written discipline in response to the motion to dismiss. Additionally, a permanent employee in the State of Nevada is entitled to (1) “‘oral or written notice of the charges against [them],’” (2) “‘explanation of the employer’s evidence,’” (3) “‘and an opportunity to present [their] side of the story at a pretermination hearing” before their termination. Finally, the court found the hearing officer abused their discretion by failing to consider whether the alleged misconduct of Wendland warranted termination.

Publication Details

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eYLS (Yale Law School)
Published
2024-09-26
Primary Topic
Legal Cases and Commentary
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article
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article

State, Sec’y of State v. Wendland, 140 Nev. Adv. Op. 64 (Sept. 26, 2024)

eYLS (Yale Law School)
Legal Cases and Commentary
article

State, Sec’y of State v. Wendland, 140 Nev. Adv. Op. 64 (Sept. 26, 2024)

article en

Abstract

The Court held that NAC 284.6562(2)(b)’s attachment requirement only needs substantial compliance by employees through accurately completing and signing an NDP-54 form. If there is a motion to dismiss for failure to attach a copy of the written discipline, then the employee must attach a copy of the written discipline in response to the motion to dismiss. Additionally, a permanent employee in the State of Nevada is entitled to (1) “‘oral or written notice of the charges against [them],’” (2) “‘explanation of the employer’s evidence,’” (3) “‘and an opportunity to present [their] side of the story at a pretermination hearing” before their termination. Finally, the court found the hearing officer abused their discretion by failing to consider whether the alleged misconduct of Wendland warranted termination.

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State, Sec’y of State v. Wendland, 140 Nev. Adv. Op. 64 (Sept. 26, 2024) · eYLS (Yale Law School) (2024) | TGRS Research Map | TGRS