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Nebraska Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Nebraska on
Q: I just missed out on a new job opportunity because the HR at my current job, can I sue?

HR at my current job wouldn't allow my coworkers to give me a personal reference because their opinions conflict with hers using the claim that its against company policy for anyone employed at that company to give their coworkers references. Although I found out she has written letters of... 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/

1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: can i get fired for giving my work a weeks notice i won’t be able to come in on a certain date?

i gave them a weeks notice and told them i need it covered.

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 20, 2020

In at-will employment states, employees can be fired for any reason or no reason at all, as long as the reason isn't discriminatory (i.e. based on your race, sex, age, religion, disability). While your situation seems unfair, your employer's actions are not unlawful.

1 Answer | Asked in Employment Law for Nebraska on
Q: My job for 11 years has been Monday through Friday, 7-3:30, since march we have been made to put in 5 hours over

My job for 11 years has been Monday through Friday, 7-3:30, since march we have been made to put in 5 hours over time every week and they have even forced us to work saturdays now too. I have extreme hypertension that is somewhat controlled by meds, since working all this overtime I have been... View More

Maurice Mandel II
Maurice Mandel II
answered on May 21, 2020

The short answer is that the law has never stopped some sleazy outfit from firing a good employee. But you can sue their butts off.

I had a case like this several years ago, in California. Hypertension, high blood pressure and coronary bypass, rendered my plumbing supervisor client a...
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2 Answers | Asked in Employment Law for Nebraska on
Q: My job has not paid me from almost 3 months ago. What should I do?

I work at a gym and I started in early February. During the first couple of weeks I probably worked about 25-30 hours. Because I was not in their system yet, I had to clock in and out using time sheets instead of their online system. After the third payday of me being there, we get paid every 2... View More

Julie Fowler
Julie Fowler
answered on May 19, 2020

The Nebraska Wage Payment and Collection Act is designed to help protect workers who are not paid for hours worked. It generally provides for the employer to be ordered to pay the attorney fees if the employee is successful. Thus, attorneys are generally more willing to take these cases in... View More

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1 Answer | Asked in Employment Law for Nebraska on
Q: Can the CEO of my company ask an Auditor to reveal my identity on allegations that I filed against the company?

I filed a complaint against my company with the State. There is widespread corruption (steering, worker safety issues, staffing issues, moving problemed clients between homes). The state completed the audit. When the auditor, whom I contacted, addressed our CEO about the allegations she asked who... View More

Julie Fowler
Julie Fowler
answered on May 2, 2020

What to do in a situation you describe depends on too many factors to be able to give the type of general answers that can be posted on these type of message boards. You need to contact an employment law attorney and go through the facts of your case in detail and what is best for you to do in... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: I cut hair and rent a station from a salon. On Saturday after my last client of the day, the owner of the salon said

that I would have to leave and not return. She gave me 10 minutes notice to vacate and gave me all my sales from the register for the day, but took out rent without my permission, and kept my client information (name, address, phone and email address). I was never late with rent. Can she legally... View More

Kyle Anderson
Kyle Anderson
answered on Mar 4, 2020

Did you sign a document regarding the rental when you first began renting there? Any sort of lease or rental agreement would be controlling here. Otherwise, it doesn't sound like there are any legal implications here. However, I would reach out to an employment law attorney in your state and... View More

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