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Workplace Harassment Protection Orders - Frequently Asked Questions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Who can file an Application for a protection order against workplace harassment?
Only the employer or its authorized agent. The employee may not file such an application but may apply for another type of protection order (ie stalking and harassment, domestic violence, etc.)

Must the employer inform his employees of his intent to apply for an order?
The employer must make a good faith effort to notify the employee who is the target of the harassment that he intends to apply for an order. NRS 33.260

What is the standard for issuing a temporary order?
It must appear to the satisfaction of the court the verified application that "harassment in the workplace" (link to glossary) has occurred. NRS 33.270(1)

Is any hearing held on an application for a temporary order?
The court may require the employer or the person who allegedly committed the harassment, or both, to appear before the court before determining whether to issue the temporary order. NRS 33.270(3)

Must the alleged harasser be informed before a temporary order is issued?
No. A court may issue a temporary order without notice provided that an affidavit is filed with the application which:

  • Clearly show that immediate and irreparable injury will result to the employer, his employee while the employee performs his work duties or a person who is present at the workplace of the employer before the harasser can be heard in opposition; and
  • Describes the efforts, if any, that have been made to give notice to the harasser. NRS 33.270(4)

May the alleged harasser seek to dissolve or modify a temporary order?
Yes. The alleged harasser may file a motion seeking this relief.

Must the employer post a bond to obtain a temporary order?
Yes. The bond is currently set at $100.00, although the court could set a different amount, and this must be paid before the order is issued. NRS 33.270(2)

Why must the employer post a bond?
The bond is required to pay for any costs or damages incurred by the alleged harasser if he is later found to have not engaged in any such harassment at all.

When does a temporary order for protection against harassment in the workplace expire?
The order must expire not later than 15 days after the date on which the order is issued, unless it is extended.

How is a temporary order for protection against harassment in the workplace extended?
The employer or his agent may file an application for an extended order in which case the temporary order remains in effect until the hearing on the application for an extended order is held.

What are the requirements for filing an application for an extended order?
In addition to the information required in the application for a temporary order, the employer must set forth the facts that provide the basis for granting an extended order.

When must an application for an extended order be filed?
Before the expiration of the temporary order. Otherwise, the application will be dismissed. NRS 33.270(6)(b) and (d).

Must a hearing be scheduled on an application for an extended order?
Yes. The hearing must be scheduled within 10 days after the application is filed

What may the court order following the hearing on an application for an extended order?
The court may dissolve or modify the temporary order or grant an extended order for up to 1 year. NRS 33.270(7) and (8).

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Las Vegas, NV 89155

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