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Nebraska Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Nebraska on
Q: Can my employer, who has terminated me, force me to sign a voluntary self-termination?

I am attempting to file for unemployment and it is asking for a termination letter/document of some sort, however, my former employer is refusing to give me anything and has even attempted to make me sign a voluntary self-termination which would potentially remove my eligibility to receive... View More

0 Answers | Asked in Employment Law for Nebraska on
Q: Can my boss clock me out when I’m still working.

I’m a hairstylist and I’m scheduled to work 10-5. If I’m running behind with a client and don’t get done till 5:20 then have to do all my “closing duties” and clock out at 5:35 my boss is going back before he does payroll and automatically clocking us out at 5:15. Can he legally do that?

2 Answers | Asked in Employment Law and Health Care Law for Nebraska on
Q: I have been working since July 23rd 2024 doing home Health Care and have yet to be paid
Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

NE has a state agency that handles wage claims- Nebraska Department of Labor- find them on internet. Under Federal and state laws, employees are entitled to wages for all hours worked. Most states require payment of hourly wages no less than twice a month, or it could be as frequently as by the... View More

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1 Answer | Asked in Employment Law and Civil Litigation for Nebraska on
Q: Can two company's that holds my pension plan that iv tried for 7 years to receive juggle my plan back and fourth

For 7years my dad has been getting jerked around between two company's about his pension he is suppose to be enjoying his retirement and was suppose to have boughten a home closer to grandkids and had plans for investments but all that is out the window now ,he now is living off ssi and never... View More

Julie Fowler
Julie Fowler
answered on May 9, 2024

If the pension is through a union, a union representative may be helpful in figuring out why the pension is not being paid and what else needs to be done to get into pay status. He can request and review the plan documents to make sure that he meets the eligibility requirements and has completed... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Nebraska on
Q: Is it legal for my employer to use artificial intelligence in the drive cam and have the camera pointing at me ?

Yes I am a professional truck driver for the world's largest food distributor and we have had drive cams since about 2014 and on April 1st they activated a new feature called AI artificial intelligence in other words and now this thing is studying my every movement and if I move my head the... View More

James L. Arrasmith
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answered on Apr 10, 2024

The legality of using AI-enabled cameras to monitor employees in the workplace is a complex issue that depends on various factors, such as the specific laws in your jurisdiction, the nature of your work, and the policies of your employer. However, here are some general points to consider:... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: Is it legal for my employer to activate artificial intelligence in the trucks I drive for them is it unconstitutional
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

There is no constitutional prohibition on activating artificial intelligence technology in trucks. Artificial intelligence is used by many trucking companies in logistics and route planning to optimize routes, considering factors like traffic patterns, weather conditions, and delivery schedules.... View More

1 Answer | Asked in Employment Law and Civil Rights for Nebraska on
Q: Can an employer fire someone for giving a coworker a professional reference at another company?

I'm trying to leave my current job for a new one and in order to start the hiring process I need three professional references from my current job. Plenty of people have offered including the supervisors since my coworkers like me, I have a high work assessment score and am going on two years... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it may seem unfair or restrictive, it is generally legal for an employer to have policies prohibiting employees from providing professional references to coworkers seeking employment elsewhere. Such policies are often implemented to protect the interests of the company and maintain... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Hypothetically, say you work for a company they didn’t pay you while you work even after but fired you.what can I do?

After they fired me, I called them and asked if they were going to pay me and they just told me not to call back and that I was on the case I was just basically confused. I’m still confused to this day I still haven’t been paid. I called my local courthouse. There is nothing on my name, so... View More

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Depending on your specific facts, you may have a cause of action under the Nebraska Wage Payment and Collection Act. Under this set of statutes (Neb. Rev. Stat. Section 48-1228 to 48-126), the employer can be ordered to pay fines and attorney fees if you are successful under this Act if forcing... View More

1 Answer | Asked in Federal Crimes, Criminal Law and Employment Law for Nebraska on
Q: Do I have to disclose a felony from 15 years ago to a possible employer?
Julie Fowler
Julie Fowler
answered on Dec 4, 2023

If the employer requests and your answer is untruthful, you could potentially be terminated for not being truthful on your application. Further, if the employer does a background check and it shows the conviction, you are not likely to get the job for not being honest on your application. They... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Is there a way to request documents and report from my employer on why I was terminated

I know it's a higher it will state and I know the main reason of why they terminated me, but they act very weird and quiet about it and I find it odd and I want to know more?

Julie Fowler
Julie Fowler
answered on Nov 19, 2023

If you have enough grounds to bring a cause of action against the employer for the termination, then part of your court case could include asking for records, deposing witnesses, etc. for more information as to the termination.

If you were an at-will employee and it is just curiousity, then...
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1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Can employers leave public feedback on their employees?
Julie Fowler
Julie Fowler
answered on Oct 27, 2023

Potentially yes, but they open the company to possible liability for libel, slander, employment law issues, etc. I can't think of a good reason it would benefit a company to do so that wouldn't be outweighed by the potential liability that could come with it.

1 Answer | Asked in Business Law, Contracts and Employment Law for Nebraska on
Q: We get bonuses for meeting certain goals, contract it says one has to be active employee to receive bonus, do I qualify

Worked end of quarter as a store manager Kwik shop however I left before 60 days where bonus is given, contract is for incentive and retention would I be able to get my bonus

Julie Fowler
Julie Fowler
answered on Jul 1, 2023

It depends on the specific terms of your contract or bonus. You would need to consult with an attorney directly and review the specific terms and documents in your situation.

1 Answer | Asked in Contracts, Employment Law and Workers' Compensation for Nebraska on
Q: I am a 1099 sales rep. We get quarterly bonuses for exceeding goals. If I leave in Q2, will I get my Q1 bonus still?
Julie Fowler
Julie Fowler
answered on May 11, 2023

It would depend on the specific terms of how you qualifying for bonuses.

1 Answer | Asked in Employment Law for Nebraska on
Q: My previous employer is basically refusing to pay me on a couple of missed deposits

While working for Casey’s, I was working more hours than anyone. Not only was I told I needed to start clocking out and continuing my work but they also owe me a lot of money. While doing my 2022 taxes I had noticed a couple of pay dates that were not deposited into my accounts. I emailed the... View More

Julie Fowler
Julie Fowler
answered on May 9, 2023

You have a number of options. Accounting errors due happen and are generally resolved by the employee bringing such to the employer's attention.

However, if an employer is not paying for wages earned, you can make a complaint for such through the Nebraska Department of Labor:...
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1 Answer | Asked in Employment Law for Nebraska on
Q: Can I ride my newly bought bike before getting my permit and test

If I do get picked up will I be just getting a charge

Julie Fowler
Julie Fowler
answered on Apr 12, 2023

You need to have a Class M (motorcycle license) in order to operate a motorcycle on public roadways. If you drive without a valid license, you can be charged for it.

1 Answer | Asked in Employment Law for Nebraska on
Q: My employer is letting me go when he said he would not do this if he didn't have work for me to do can he do this?

I had accepted a position with the company and that I would get paid for not working so they can submit me on a PMO Project as a Senior Business Analyst for child support projects...I was told yesterday by my director that this Friday would be my last day with the company because they don't... View More

Julie Fowler
Julie Fowler
answered on Dec 7, 2022

It depends. If you have an employment contract, you would need to review the terms of the agreement. Otherwise, Nebraska is generally an at-will employment state. You can generally be terminated for any or no reason, so long as not discriminatory. However, under the rights facts, there can be... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: If I have an email stating that I would be paid a set amount at the start of summer. Never received that wage.

Is my employer required to retroactively pay me due to the payroll employee just not paying me that amount bc she didn't think I should get that.

Rhiannon Herbert
Rhiannon Herbert
answered on Aug 2, 2022

You should first discuss the situation with the individual that told you that you would receive compensation at the higher rate. If they don't agree to retroactive payments, then you should contact a Nebraska employment attorney. While the email you mentioned is not a contract, you may want... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: noncompete with franchisee, quit, want to work for same franchise but under a different franchisee. enforceable?

the noncompete basically just says : this franchisee, after cessation 1 year following within 25 miles no working for same industry for any other employer, and the basic other stuff in noncompetes, but it also has this clause

"Employee acknowledges that this agreement to not compete... View More

Julie Fowler
Julie Fowler
answered on Jan 6, 2022

You would need to sit down with an attorney and go through the specifics of your situation and the specific documents to see whether a specific non-compete clause is likely going to be enforced against you or not. Your question requires too specific an answer than can be given on a general... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: Can an employer pack up your desk if you are out on FMLA
Kyle Anderson
Kyle Anderson
answered on Aug 4, 2021

Hi, I don't see anything inherently wrong with this. However, the employer does have a duty to return you to the same or similar position when you return from FMLA. I would reach out to an employment law attorney in your state if you have any issues.

1 Answer | Asked in Employment Law for Nebraska on
Q: I'm wondering if what i experienced is harassment at my old job. I was bullied but not sure if it was illegal behavior.

I was looking for the definition of harassment in Nebraska.

Julie Fowler
Julie Fowler
answered on Dec 16, 2020

Have you looked at the Nebraska Equal Opportunities Commission website? There is information there to help you find if behavior was not legal and for you to file a formal complaint with the NEOC if you believe there was.

https://neoc.nebraska.gov/

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