NRS449.4331. Termination of employment or contract of employee, employee of temporary employment service or independent contractor who has been convicted of certain crime; period in which to correct information regarding conviction; liability of organization.  


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  •       1.  Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.4329, or evidence from any other source, that an employee, employee of a temporary employment service or independent contractor of an intermediary service organization has been convicted of a crime listed in subsection 1 of NRS 449.4332, the holder of the certificate to operate the intermediary service organization shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the intermediary service organization after allowing the person time to correct the information as required pursuant to subsection 2.

          2.  If an employee, employee of a temporary employment service or independent contractor believes that the information provided by the Central Repository is incorrect, the employee, employee of the temporary employment service or independent contractor may immediately inform the intermediary service organization. The intermediary service organization that is so informed shall give the employee, employee of the temporary employment service or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

          3.  An intermediary service organization that has complied with NRS 449.4329 may not be held civilly or criminally liable based solely upon the ground that the intermediary service organization allowed an employee, employee of a temporary employment service or independent contractor to work:

          (a) Before it received the information concerning the employee, employee of the temporary employment service or independent contractor from the Central Repository;

          (b) During the period required pursuant to subsection 2 to allow the employee, employee of the temporary employment service or independent contractor to correct that information;

          (c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

          (d) Any combination thereof.

    Ê An intermediary service organization may be held liable for any other conduct determined to be negligent or unlawful.

      (Added to NRS by 2013, 132)