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Nebraska Questions & Answers
2 Answers | Asked in Employment Law and Personal Injury for Nebraska on
Q: Can I sue an employer for bed bug infestation disclosure failure?

I recently got hired at an assisted living facility in Nebraska and found out from another employee that some parts of the building have bed bug infestations. I saw a can of bed bug spray outside a room, which makes me uncomfortable working there, especially since we have a newborn on the way. The... View More

Perry Andrew Pirsch
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answered on Oct 28, 2025

If you are injured in the performance of your job, worker's compensation is generally your exclusive remedy.

If you want to quit your job because of bedbugs and were not harmed, I don't think it very likely that you have a viable cause of action against your employer. Without an...
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2 Answers | Asked in Employment Law and Sexual Harassment for Nebraska on
Q: Actions for employee harassment of non-employee reported to employer in Nebraska

If an employee sexually harasses a non-employee, and another employee has reported it to the employer, what actions can be taken against the employee given that the employer is unsure if the incident occurred on-site or off-site? Additionally, the workplace has a written sexual harassment policy.

Perry Andrew Pirsch
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answered on Oct 5, 2025

Title VII and the Nebraska Fair Employment Practices Act protect employees from a hostile work environment, which includes sexual harassment even by customers as well as coworkers. They do not regulate employee conduct away the job and would not necessarily involve an employee... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Nebraska on
Q: Can police choke and tase you on the ground if suspicious of something in your mouth?

I was pulled over by the police for allegedly not having my headlights on, although my truck lights come on automatically and there was no way for the officer to see my truck from a mile away. I was accused of acting suspiciously and was asked to exit my vehicle. Once out, I was tackled and choked... View More

Stephen Arnold Black
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answered on Oct 2, 2025

Whenever a police officer has reasonable suspicion that a crime has been committed, he may stop you and conduct a limited search for weapons if he believes you may be armed and dangerous. This is known as a Terry stop. If the officer develops probable cause during the encounter, he may arrest you... View More

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2 Answers | Asked in Employment Law, Family Law and Contracts for Nebraska on
Q: Can my parents legally withhold my income in Nebraska?

I am 16 years old, living in Nebraska, and I have a formal employment contract. My parents have been withholding my income for a few months without providing any reasons. The bank account where the income is deposited is co-signed by them. Can they legally withhold my income?

Julie Fowler
Julie Fowler
answered on Sep 30, 2025

It depends. A parent generally can withhold an allowance but still expect their child to do chores around the house. If the parents own a business and the teen is an actual employee, then the rules regarding safety and pay generally apply, with some exceptions. However, even in this situation,... View More

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2 Answers | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Nebraska on
Q: Is landlord’s compensation offer fair for flooding issues over six years in a Nebraska apartment?

I am negotiating compensation with my landlord due to ongoing flooding in my apartment over the past six years. The landlord is offering one month’s rent ($1495) and $750 in moving fees as compensation, arguing that since they attempted repairs, this is sufficient. However, I've requested... View More

Perry Andrew Pirsch
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answered on Sep 27, 2025

In general, the purpose of damages awarded in civil litigation is to place the plaintiff back in the position he (or she or it) would be in had the tort, breach of contract, etc., occurred. In short, they are remedial and not meant to be a winning lottery ticket. In theory, the purposes of any... View More

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2 Answers | Asked in Divorce, Criminal Law and Family Law for Nebraska on
Q: Impact of taking $30,000 from spouse's 401k in divorce asset division.

I am currently in the process of getting divorced and in 2022, I took $30,000 from my wife's 401k without her consent. I have agreed to pay restitution, and while she has not filed charges, she is asking for the repayment in divorce filings, stating the amount was stolen. She claims she... View More

Julie Fowler
Julie Fowler
answered on Sep 18, 2025

It all depends on the facts. Are you two living separate and apart or are you to residing together and sharing expenses? How long is the marriage? Did these funds that you removed accrue during the marriage? What did you do with the funds? How long has she known you removed the funds? What... View More

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2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Nebraska on
Q: Regain custody after incarceration and loss of custody in Nebraska

About five years ago, while I was incarcerated, my mother filed for custody of my child without my knowledge, claiming I was in jail, homeless, and a drug addict. She was granted guardianship because I wasn't taken to civil court or informed of the proceedings, which resulted in me not... View More

Julie Fowler
Julie Fowler
answered on Sep 18, 2025

I agree with the other attorney, but wanted to add. If the child has been in the care of another for 5 years and you've had minimal contact, it would be very unusual for a judge just to terminate the guardianship and grant you custody, although it is possible under the right facts. It would... View More

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2 Answers | Asked in Criminal Law and Constitutional Law for Nebraska on
Q: Police refuse to return fake ID from lost wallet

I lost my wallet, which was found and turned into the police by someone else. The wallet contained a fake ID alongside my other belongings. The police returned my wallet but are refusing to give back the fake ID. I believe the search and retention of the ID were not legal because I did not... View More

Julie Fowler
Julie Fowler
answered on Sep 18, 2025

It is generally unlawful to have a fake ID. Law enforcement generally are required to retain the fake ID and it would likely be a violation for law enforcement to return this contraband to you. If you push the issue, you may be cited for having the fake ID. You would want to talk with an... View More

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2 Answers | Asked in Child Support, Domestic Violence, Divorce and Family Law for Nebraska on
Q: Does a mother need to file paperwork to enforce a child support order if the father hasn't paid in Nebraska?

I have a court order specifying the amount of child support the father should pay following a domestic violence-related divorce. However, the father has not made any payments. I want to know if the mother needs to file additional paperwork to receive child support.

Julie Fowler
Julie Fowler
answered on Sep 30, 2025

No action is required, but he might not start paying if you don't take any action. If the other parent isn't following the Court's order, then you may need to take action if you want the court's assistance in forcing them to pay.

Contact your local child support...
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2 Answers | Asked in Business Law and Contracts for Nebraska on
Q: Can a customer in Nebraska demand their deposit back due to contractor delay?

I collected a deposit from a customer on behalf of a contractor based in Texas for a project set to be completed "during the summer." Due to delays, the customer has decided not to proceed, expressing concerns about the contractor's ability to do a sufficient job. The invoice lists... View More

Julie Fowler
Julie Fowler
answered on Sep 4, 2025

One of the main factors is whether there was a breach on contract. If the job wasn't performed as specified then there may be a breach. The details of this matter. Did the customer choose this contractor and pay more as they had earlier availability than others? Do they have a special... View More

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2 Answers | Asked in Criminal Law for Nebraska on
Q: Is a 4-year age difference in dating legal regarding consent in Nebraska?

I'm 22 years old, and my girlfriend is 18 years old, which makes her just over four years younger than me. I'm concerned about the legality of our relationship under Nebraska state laws, particularly regarding legal consent. Can you provide guidance on whether our age difference poses any... View More

Julie Fowler
Julie Fowler
answered on Sep 4, 2025

At 18 years old, you are not likely to be faced with charges related to sexually conduct due to her age. Most charges related to a contributing to the delinquency of a minor also end at age 18. You will still occasionally see things like a protection order request brought by a parent to try to... View More

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2 Answers | Asked in Contracts, Civil Litigation and Business Law for Nebraska on
Q: Can a customer demand deposit back for delayed contractor service?

I sent an invoice to a customer indicating a deposit and the contractor's name. As a referrer, I handled the cash and sent it to the contractor, who pays me a referrer fee in advance, amounting to 10% in this case. I informed the customer that the contractor would do the job in late August,... View More

Julie Fowler
Julie Fowler
answered on Sep 4, 2025

One of the main factors is whether there was a breach on contract. If the job wasn't performed as specified then there may be a breach. The details of this matter. Did the customer choose this contractor and pay more as they had earlier availability than others? Do they have a special... View More

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2 Answers | Asked in Child Custody, Arbitration / Mediation Law and Family Law for Nebraska on
Q: Separated from wife, need options for parenting time with no court order.

I separated from my wife in May 2025, and she is not allowing me to have parenting time with my daughters. There is no court order in place regarding custody or parenting time. I have initiated mediation, but my wife has not provided any reasons for restricting my visits. There is no history of... View More

Julie Fowler
Julie Fowler
answered on Aug 21, 2025

File a request for custody or parenting time. If you are married to the other parent, you would normally do this as part of a divorce action or a legal separation action. Once your action is filed and the other party is served, you can set for a temporary hearing to ask the Court to grant you... View More

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2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Nebraska on
Q: How do I file requests for subpoenas to modify my custody order/parenting plan in Nebraska court?

I recently filed a motion to modify my custody order/parenting plan, and a pretrial date is set for September 30th in Buffalo County Nebraska District Court. I am self-representing and wish to file requests for subpoenas for DHHS records, employment records, housing history, and medical records to... View More

Julie Fowler
Julie Fowler
answered on Aug 20, 2025

While you can send subpoenas for information, we normally take care of a lot of this information gathering through other methods. We often send what are called Interrogatories and Request for Production of Documents to the other party. The other party than has about 30 days to return the... View More

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2 Answers | Asked in Cannabis & Marijuana Law, Gaming, Business Formation and Business Law for Nebraska on
Q: Is it legal to operate a claw machine inside a dispensary with store items as prizes?

I am considering placing a claw machine inside a medical or recreational dispensary with items from the store as prizes. I plan to charge around $5 per play. I currently do not possess any licenses or permits and am unaware of the laws surrounding this setup. Is it legal to operate such a claw... View More

Julie Fowler
Julie Fowler
answered on Aug 18, 2025

You generally need a license to operate this type of game in your business. Further, if you are planning to include items other than stuffed animals and other toys, you are likely going to be subject to additional rules and regulations, especially if the items that you include are otherwise... View More

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1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Civil Litigation for Nebraska on
Q: Can NDCS extend a sentence beyond agreed terms?

I'm trying to understand why my sentence calculation changed. My original plea agreement included an order signed by the judge specifying a flat 10-year sentence in Nebraska for habitual criminal assault on an officer. However, the Nebraska Department of Correctional Services initially... View More

Julie Fowler
Julie Fowler
answered on Aug 18, 2025

If you haven't already, you would need to check your court order to see what you were specifically sentenced to. The judge doesn't have to accept the plea deal or the recommended sentence agreed to by the prosecutor and defendant. Once you have reviewed the court order, you can then... View More

3 Answers | Asked in Juvenile Law and Family Law for Nebraska on
Q: How can a 17-year-old from Nebraska start the emancipation process due to family struggles?

I am a 17-year-old female seeking emancipation from my father due to internal family struggles and a toxic home environment. I have discussed my desire for emancipation with my family, but those attempts have been unsuccessful. Although I haven't established a financial plan yet, I am actively... View More

Julie Fowler
Julie Fowler
answered on Aug 18, 2025

The Nebraska Supreme Court has put together a lot of information regarding Emancipation in Nebraska.

https://nebraskajudicial.gov/self-help/families-children/emancipation

The teen has to be financially independent from the parents and living separate and apart from the parents in...
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3 Answers | Asked in Juvenile Law and Family Law for Nebraska on
Q: How can a 17-year-old from Nebraska start the emancipation process due to family struggles?

I am a 17-year-old female seeking emancipation from my father due to internal family struggles and a toxic home environment. I have discussed my desire for emancipation with my family, but those attempts have been unsuccessful. Although I haven't established a financial plan yet, I am actively... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Aug 18, 2025

Hello. You can find more information about the emancipation process here: https://nebraskajudicial.gov/self-help/families-children/emancipation

Note that if your parents won't agree, you will need a lawyer. Since most teenagers do not have sufficient funds for a lawyer, you will want...
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2 Answers | Asked in Health Care Law, Insurance Bad Faith, Medical Malpractice and Personal Injury for Nebraska on
Q: Billing dispute and privacy concerns after an annual physical exam at a new medical facility.

I went to a new doctor for my annual physical as a new patient, ensuring it was scheduled as an annual exam, which my insurance covers at no cost. However, I received a bill exceeding $300, coded as a medical exam, not an annual physical. The billing department confirmed in my care notes that a... View More

Eliza Jasinska
Eliza Jasinska
answered on Aug 10, 2025

You may have grounds to challenge the bill if your medical records and care notes confirm an annual physical was performed, as misbilling can constitute a breach of contract with your insurer and potentially violate state consumer protection laws. The alleged discussion of your care and billing... View More

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1 Answer | Asked in Consumer Law and Lemon Law for Nebraska on
Q: Can I get a refund for a faulty used car in Nebraska?

I bought a used car for $6,700 and was assured by the salesman that it was in good condition. However, within the first month, I had to take it to the shop five times to replace a caliper, two wheel bearings, both rear brake pads, and get all new tires. I went off the salesman's word and... View More

Julie Fowler
Julie Fowler
answered on Aug 4, 2025

When you buy a used car and sign a contract agreeing that the seller is giving you no warranties and it is being sold as is, it is generally difficult for the Court to find these terms of the written contract are void and find that the seller has a duty beyond the written contract. However,... View More

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