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Nebraska Employment Law Questions & Answers
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: 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 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: 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: 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

1 Answer | Asked in Employment Law for Nebraska on
Q: I’m a cdl deliver driver in Nebraska and I ran out of hours so I took it back. Now my boss say my job is in jeopardy

ok I’m a cdl deliver driver in Nebraska and I ran out of hours so I took it back. Now my boss say my job is in jeopardy because he wanted me to finish the load and drive back illegally. This is not the first time this has happened. They want me to go over hours I can work in a day and hour I... View More

Julie Fowler
Julie Fowler
answered on Jan 30, 2020

It may be time to make a complaint to the Nebraska Department of Labor. It also may be time to start looking for a new employer.

1 Answer | Asked in Employment Law for Nebraska on
Q: I am an exotic dancer in Omaha, NE. The corporation I work for has been conflicting with our contractor agreement

I am uncertain with the legal standing of my contract based on the daily time demands (off premises, "off" work), mandatory "tipping" of nightly earnings and lack of independent control over time and conduct while on the job. These all directly conflict with the agreements made... View More

Julie Fowler
Julie Fowler
answered on Sep 26, 2019

Not sure what your specific question is. Generally contract disputes are very fact-based scenarios, so you will likely need to go through the language in your contract with an attorney experienced with employment contracts to determine your best course of action.

1 Answer | Asked in Employment Law for Nebraska on
Q: Can my work penalize me for not having 40 percent of my guests not having their rerwards program

I work at buffalo wild wings, and was told I would be taken off the schedule if I didn't get 40 percent of my daily guests to have or sign up for their rewards program. Even though there is nothing in the handbook, code of conduct, or company policy stating I have too?

Julie Fowler
Julie Fowler
answered on Aug 12, 2019

Companies are allowed to require workers to meet minimum performance requirements in order to meet their job duties and maintain employment. As long as these policies aren't implemented in a discriminatory manner or otherwise violate the law, they are generally allowed.

1 Answer | Asked in Employment Law for Nebraska on
Q: If you work in a VEBA state, does your employer legally have to abide by the vacation policy that VEBA outlines?

If the company policy says my state carries over PTO, do they have to abide by the state law or can they follow their own HR policy? Even if it goes against what is written in their own policy???

Julie Fowler
Julie Fowler
answered on Aug 8, 2019

If a company has a policy that is contrary to the law, the policy would likely be found as void or illegal and the law instead would apply.

1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Civil Rights for Nebraska on
Q: Is Wal-mart's "Policy" of demanding receipts before exiting(without suspension) a violation of the 4th amendment?

I believe a similar case went before the Nebraska supreme court and Wal-mart lost.

Gary Kollin
Gary Kollin
answered on Feb 28, 2019

4 Fla. A & M U. L. Rev. 1 (2009)

Big-Box Bullies bust Benign Buyer Behavior: Wal-Mart, Get Your Hands Off My Receipt

This article should answer a lot of your questions although it is 10 years old.

you can find cases and articles at

scholar.google.com

I...
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1 Answer | Asked in Personal Injury, Car Accidents and Employment Law for Nebraska on
Q: Who is financially responsible for injuring someone while delivering pizza, driver or employer?

About three months ago I was delivering pizza in my own vehicle and struck a bicyclist at a crosswalk. There was a witness that said the bicyclist had stopped before entering the crosswalk and I was issued a ticket. The bicyclist had to be taken away in an ambulance due to a knee injury.My... View More

Brendan Michael Kelly
Brendan Michael Kelly
answered on Nov 20, 2018

You as the driver are responsible for the accident and the lawyer is likely to come after the pizza place to have them recover as well.

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