Zachary Sweetin

Document Type

Case Summary

Publication Date

9-26-2024

Case Synopsis

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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