Wrongful termination in Nebraska is a traumatic event both financially and emotionally for employees. What is a wrongful termination? Unlawful termination can come in different forms, the most common being due to discrimination. Every state has laws pertaining to wrongful dismissals that protect employees. An employee wrongfully fired can pursue a discrimination claim against his or her former employer.
It is important to identify being wrongfully fired from jobs properly before beginning any kind of claim against an employer. Employees wrongfully terminated from jobs will need to pinpoint the law violated by the employer as well as provide evidence to back up the claim. To find out what to do after being wrongfully terminated in Nebraska, read the comprehensive topics below:
- Types Of Illegal Termination in Nebraska
- Types Of Legal Termination in Nebraska
- At-Will Employment Exceptions in Nebraska
- Filing a Discrimination Charge With The Equal Employment Opportunity Commission in Nebraska
- Filing a Lawsuit Against Your Employer in Nebraska
Nebraska Unemployment Resources
Types of Illegal Termination in Nebraska
Many types of illegal termination of employment can lead an employee to seek legal action against a former employer. The main types of illegal dismissal of employment are discriminatory reasons like gender, pregnancy, religion and age.
Other types of illegal firing for discrimination include disability, veteran status and citizenship status. There are not as many types of unlawful terminations for employees with a contract, as an employer cannot break a contract for any reason not stated within the agreement.
When an employee identifies with these types of illegal terminations in Nebraska, he or she has also identified the cause of action. Any of these types of unlawful terminations from employment qualify an employee to file a discrimination charge against the former employer.
Types of Legal Termination in Nebraska
Employers do have legal reasons for terminating employees in Nebraska including mediocre work performance and the closing of the business. These are the most common types of legal dismissal of employment that do not lead to any repercussions towards the employer.
Employees may expect some the types of legal firing like the end of an employment contract or layoffs in off-seasons. Business closures and layoffs are types of legal termination of employment that will also make former employees eligible for unemployment benefits. Employees terminated for any of these types of legal termination in Nebraska are ineligible to file a claim of employment discrimination.
At-Will Employment Exceptions in Nebraska
Exceptions to at will employment protect employees from certain types of wrongful terminations. What is employment at will? Employment at will pertains to the working agreement between an employer and employee, indicating that either party can terminate the seemingly endless employment in at-will states.
Is Nebraska an at will state? Aside from exceptions to at will employment in the state, Nebraska permits at-will employment like almost all states in the nation. The main at will employment exceptions in Nebraska are implied contract and public policy. An implied contract means an employer has made a verbal agreement with the employee on the length of his or her employment.
The public policy exception prevents an employer from wrongfully firing an employee as retaliation for exercising a legal right like worker’s compensation. Other exceptions to at will employment, like covenant of good faith that implores employers to treat employees without malicious intent, are part of employment law in other states.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in Nebraska
To file a wrongful termination discrimination charge, employees need to submit their claim to the Equal Employment Opportunity Commission (EEOC). The process of how to file an EEOC employment discrimination requires claimants to submit claims within 180 days of the termination. Filing a charge of discrimination in Nebraska requires former employees to provide the dates of the violation, personal information, company information and a description of the incident.
Visiting an EEOC office is the main way how to file a charge of employment discrimination and have the case immediately submitted. The agent assigned to the case will review it and attempt mediation between the two parties, employer and employee. If an agreement is not feasible, the next step is to begin an investigation.
The EEOC investigator will collect witness statements and employment documents and conduct a visit to the facility. If the EEOC finds proof of wrongful termination, the agency will start settlement proceedings with the former employer. If there is insufficient proof or a settlement is not possible, the last step is a Notice of Right to Sue by the EEOC. Workers can learn how to file a charge of employment discrimination lawsuit against former employees by consulting a legal professional.
Filing a Lawsuit Against Your Employer in Nebraska
Employees can file lawsuits against employers for wrongful termination once the EEOC issues a Notice of Right to Sue. The EEOC will instruct employees on how to file a wrongful termination lawsuit and the next steps in the process. Filing a wrongful termination claim against employers can take many months and can last over a year.
Can I file a lawsuit for wrongful termination and win? When suing for wrongful termination in Nebraska the best route to take is to hire an attorney. When you file a lawsuit against your employer in Nebraska, you will need to identify the law your employer broke as well as provide evidence to substantiate the case.
Evidence includes paystubs, employment records, witness testimonies and written statements. If the judge rules in your favor, you will be entitled to monetary damages, back pay, reinstatement and attorney fees.
Last Updated: October 18, 2022