613.160 - Spotters: Right of employee to be confronted with accuser; penalty. - Nevada Statutes

613.160  Spotters: Right of employee to be confronted with accuser; penalty.

      1.  It is unlawful for any person, firm, association or corporation, or agent, superintendent or manager thereof, employing any special agent, detective or person commonly known as a spotter for the purpose of investigating, obtaining and reporting to the employer or the employer’s agent, superintendent or manager information concerning his or her employees, to discipline or discharge any employee in his or her service, where the act of discipline or the discharge is based upon a report by a special agent, detective or spotter which involves a question of integrity, honesty or a breach of rules of the employer, unless the employer or the employer’s agent, superintendent or manager gives notice and a hearing to the employee thus accused, when requested by the employee, at which hearing the accused employee must have the opportunity to confront the person making the report and must have the right to furnish testimony in his or her defense.

      2.  Any person, corporation, firm, association or employer who violates any provision of this section is liable to the State of Nevada for a penalty of $5,000 for each offense. The penalty must be recovered and the suit must be brought in the name of the State of Nevada in a court of proper jurisdiction by the Attorney General, or under his or her direction by the district attorney in any county having proper jurisdiction.

      3.  If a penalty is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Attorney General or district attorney, as appropriate.

      [1:41:1915; 1919 RL p. 2775; NCL § 2770] + [2:41:1915; 1919 RL p. 2775; NCL § 2771]—(NRS A 1993, 900)