Best Wrongful Termination Lawyers in Nebraska

About Wrongful Termination Law in Nebraska, United States

Wrongful termination occurs when an employee is dismissed from their job for illegal reasons or in violation of company policy or an employment contract. In Nebraska, most employment relationships are considered “at-will,” which means an employer can generally terminate an employee at any time for any reason, or even for no reason at all. However, there are important exceptions to this rule. Nebraska law and various federal statutes protect employees from being fired for discriminatory reasons, retaliation, or in breach of an employment agreement. Understanding what constitutes wrongful termination is the first step in determining if you have a case.

Why You May Need a Lawyer

Hiring a lawyer is often crucial in wrongful termination cases. These legal professionals can help assess whether your firing qualifies as wrongful and can ensure you understand your rights and the options available. Common situations where you may require legal help include:

• Being terminated in violation of state or federal anti-discrimination laws (race, gender, religion, disability, age, etc.).
• Being fired after reporting workplace harassment, discrimination, or other illegal activity (whistleblowing).
• Being dismissed in violation of the terms in your employment contract or company policies.
• Facing retaliation, such as being fired after filing a workers’ compensation claim.
• Experiencing a termination that violates public policy (for example, being fired for serving jury duty).

A lawyer can help you gather evidence, file complaints, negotiate settlements, or represent you in court if necessary.

Local Laws Overview

Nebraska is an at-will employment state, which means employers and employees can end their working relationship at any time and for almost any reason. However, this does not grant employers unlimited power to terminate employees. Key local and federal laws that protect Nebraska employees from wrongful termination include:

• The Nebraska Fair Employment Practice Act, which prohibits discrimination based on race, color, religion, sex, disability, marital status, or national origin.
• State and federal laws that protect employees from retaliation for engaging in protected activities, such as reporting illegal conduct or discrimination.
• The Family and Medical Leave Act (FMLA), which provides job protections for employees who need time off for health or family reasons.
• Protections against being fired for refusing to perform illegal acts or for participating in an investigation.

While written contracts are not required in Nebraska employment relationships, if you have an employment agreement (including offer letters or company handbooks with specific policies), termination in violation of these provisions may be legally actionable.

Frequently Asked Questions

What is considered wrongful termination in Nebraska?

Wrongful termination generally occurs if you are fired for illegal reasons, such as discrimination, retaliation, or breach of contract, even though Nebraska is an at-will employment state.

What protections exist against discrimination in Nebraska?

The Nebraska Fair Employment Practice Act and various federal laws protect employees from being fired because of race, color, religion, sex, disability, marital status, national origin, age (over 40), or genetic information.

Can my employer fire me without reason?

In most cases, yes. Nebraska’s at-will employment doctrine allows employers to terminate employment for any reason, or no reason, unless the termination is illegal.

If I was fired after reporting safety concerns, do I have a case?

Yes. Termination in retaliation for reporting workplace safety concerns or other illegal conduct (whistleblowing) may be considered wrongful and could be protected under both state and federal law.

What should I do if I think I was wrongfully terminated?

Gather documentation about your employment, termination, and any communications or evidence of the reason for your dismissal. Contact a qualified employment attorney as soon as possible to discuss your situation.

Does my employer have to provide a reason for firing me?

No, in most cases your employer does not have to provide a reason for termination in an at-will state like Nebraska unless the reason falls within an exception or you request a written statement under certain circumstances.

How long do I have to file a legal complaint?

Deadlines vary based on the nature of your case. For discrimination complaints, you generally have 300 days from the date of termination to file with the Nebraska Equal Opportunity Commission or the Equal Employment Opportunity Commission.

Does having an employment contract change my rights?

Yes. If you have a written or implied employment contract outlining specific conditions or reasons for termination, and your employer breaches those terms, you may have a wrongful termination claim.

Is retaliation after filing a workers’ compensation claim illegal?

Yes. Employers are prohibited from retaliating against employees for filing workers’ compensation claims or exercising other protected rights.

Can I claim unemployment if I was wrongfully terminated?

You may be eligible for unemployment benefits if you were fired without misconduct. If you believe your termination was wrongful, you should still apply for benefits while pursuing your legal options.

Additional Resources

The following organizations and agencies can provide assistance, information, or support with wrongful termination issues in Nebraska:

• Nebraska Equal Opportunity Commission: Handles discrimination and retaliation complaints.
• U.S. Equal Employment Opportunity Commission: Federal body for employment related civil rights violations.
• Nebraska Department of Labor: Provides information on unemployment insurance and state labor laws.
• Local legal aid societies: Offer free or low-cost legal help to qualifying individuals.
• Private employment attorneys: Can provide advice or legal representation regarding wrongful termination cases.

Next Steps

If you believe you were wrongfully terminated in Nebraska, here are some steps to take:

• Document everything related to your job and termination, including performance evaluations, correspondence, and relevant company policies or contracts.
• Apply for unemployment benefits, if eligible, through the Nebraska Department of Labor.
• Contact a qualified employment attorney to discuss the facts of your case and determine your legal options.
• If your situation involves discrimination or retaliation, consider filing a complaint with the Nebraska Equal Opportunity Commission or the EEOC.
• Follow your attorney’s guidance and keep detailed records of all communications and steps taken.

Understanding your rights is the first step toward protecting yourself after a termination. Legal counsel can help you evaluate your case and pursue the compensation or remedies you may be entitled to under Nebraska law.