Best Wrongful Termination Lawyers in Lincoln

About Wrongful Termination Law in Lincoln, United States

Wrongful termination occurs when an employee is dismissed from their job for unlawful reasons. In Lincoln, United States, as elsewhere, employees are protected under various federal and state laws that make it illegal for employers to fire workers based on discrimination, retaliation, or in violation of an employment contract. These laws provide a legal framework for employees to seek redressal if they believe they have been unjustly terminated from their employment.

Why You May Need a Lawyer

Legal assistance might be necessary in several common situations involving wrongful termination:

• If you've been fired in retaliation for filing a complaint against your employer, or for being a whistleblower.
• If your dismissal was based on discrimination due to race, gender, age, religion, disability, or other protected characteristics.
• When your termination violates the terms of an employment contract or company policy.
• If you've been part of a mass layoff without following proper notice protocols under the WARN Act.
• In any situation where your termination was not adequately justified and you suspect foul play or bad faith on the part of the employer.

Local Laws Overview

In Lincoln, the applicable laws relevant to wrongful termination include both federal and state regulations:

• Nebraska Fair Employment Practice Act (NFEPA): This act prohibits employment discrimination on various grounds, such as race, color, religion, sex, disability, and more.
• At-Will Employment Doctrine: Nebraska, like many other states, follows the at-will employment doctrine, meaning employers can terminate employment for any reason that is not illegal. However, exceptions exist for illegal reasons such as discrimination or retaliation.
• Federal Laws: Laws such as the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act offer protection against wrongful termination based on federally protected characteristics.

Frequently Asked Questions

What constitutes wrongful termination in Lincoln?

Wrongful termination in Lincoln involves being fired in violation of state or federal employment laws, including discrimination, breach of contract, or retaliation.

How do I prove wrongful termination?

Proving wrongful termination typically involves demonstrating that the reason for your dismissal was unlawful or violated the terms of your employment contract. Collecting evidence such as emails, witness statements, and employment records can be key.

Can I sue my employer for wrongful termination?

Yes, if an employee believes they have been wrongfully terminated, they can file a lawsuit against their employer, often beginning with a complaint to the Equal Employment Opportunity Commission (EEOC) or a similar state body.

What damages can I recover in a wrongful termination lawsuit?

Potential damages include lost wages, reinstatement of employment, compensatory damages for emotional distress, and occasionally punitive damages if the employer's conduct was particularly egregious.

How long do I have to file a wrongful termination claim?

The time limit, or statute of limitations, varies based on the basis for wrongful termination. Typically, claims must be filed promptly, sometimes within 180 days, depending on the type of claim and governing laws.

Do I need to have an employment contract to sue for wrongful termination?

No, you don't necessarily need an employment contract to pursue a wrongful termination claim, as many claims are based on statutory rights and protections.

What should I do if I suspect wrongful termination?

If you suspect wrongful termination, gather and document all relevant evidence, seek legal advice, and consider filing a complaint with relevant governmental agencies like the EEOC.

What is retaliation, and how does it relate to wrongful termination?

Retaliation occurs when an employer takes adverse action against an employee for engaging in legally protected activities, such as filing a discrimination complaint. Retaliatory dismissal can be a form of wrongful termination.

Can I be fired while on medical leave?

Under laws like the Family and Medical Leave Act (FMLA), you cannot be legally dismissed for taking qualified medical leave, though there can be exceptions if your dismissal is based on unrelated, legitimate reasons.

If I quit due to unfair treatment, can I still claim wrongful termination?

Possibly, under the construct of "constructive discharge," if it can be demonstrated that the working conditions were so intolerable that any reasonable person would have no choice but to resign.

Additional Resources

For further assistance, consider reaching out to the following resources:

• Equal Employment Opportunity Commission (EEOC): Offers guidance and receives complaints related to workplace discrimination.
• Nebraska Department of Labor: Provides support and information on employment laws in the state.
• Local Legal Aid Societies: Offer free or low-cost legal advice and services to those who qualify.

Next Steps

If you believe you have been wrongfully terminated, here are the steps to follow:

1. Document everything related to your termination and circumstances leading to it.
2. Consult with an experienced wrongful termination attorney to evaluate your case.
3. File a formal complaint with the EEOC or the Nebraska Equal Opportunity Commission (NEOC).
4. Consider negotiating a settlement with your employer through your legal representation.
5. If necessary, prepare to proceed with a lawsuit for compensation or reinstatement.