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Tortious Discharge, sometimes referred to as Wrongful Termination, occurs when an employer terminates an employee for reasons that violate public policy. Allum v. Valley Bank of Nevada, 970 P.2d 1062, 1064 (Nev. 1998).
Although there is no specific definition for “violations of public policy” with regard to tortious discharge, examples may include terminating an employee “for seeking industrial insurance benefits, for performing jury duty or for refusing to violate the law.” D’Angelo v. Gardner, 819 P.2d 206, 212 (Nev. 1991).
Tortious discharge is actionable whether the employment is by contract or at-will. Allum v. Valley Bank of Nevada, 970 P.2d 1062, 1064 (Nev. 1998). If the employment is by contract, the wrongfully terminated employee may also have an action for Bad Faith Discharge.