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Nebraska Employment Law Questions & Answers
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 in the "Independent... Read 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...
Read more »

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... Read 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.

1 Answer | Asked in Personal Injury, Criminal Law and Employment Law for Nebraska on
Q: Could I sue my former boss or the bars involved in my accident?

I'm located in Omaha, Nebraska and work for the parent company of several cocktail bars. I was attending a staff party at an unassociated bar where I believe my boss (The company owner) accidentally roofied me. To cover it up I believe he took me to a dive bar while under the influence of the drug,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 9, 2017

Contact a member of the Nebraska Assn for Justice who handles workers compensation and employment cases. You may have several potential claims depending on the laws of your state.

1 Answer | Asked in Car Accidents, Employment Law and Traffic Tickets for Nebraska on
Q: Who is responsible for registration tags affixed 60-399 on licence plate of company vehicle driven by employee
Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 2, 2017

The owner of the vehicle or the company. Any licensed driver of the vehicle would be held responsible for any violations. The company may later be subjected to civil suit for any violations they subjected an employee to.

1 Answer | Asked in Employment Law and Personal Injury for Nebraska on
Q: Can i sue this company?

I received a letter of notification from my former employer saying that one of their employees mistakenly sent out my personal information to some clients. The company further said in the latter that they investigated the incident and found out that the same employee has made the same mistake on... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 7, 2016

It may be possible to sue them IF you can show that as a result someone was able to use that information. You say you have "7 different reports I know nothing about." Any lawyer you talk to will want you to find out what they are. They may or may not have anything to do with this.

Stress...
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1 Answer | Asked in Employment Law for Nebraska on
Q: can my employer require me to remove me earrings and cover the visable holes left behind?

I'm a firefighter/paramedic, bandages begin to melt and release toxic chemicals at 120F far lower temp than our fires. These chemicals are toxic and can be absorbed through inhilation and through the skin. Not to mention the burns the adhesive will cause. I have all the documentation to back this.... Read more »

Marshall Jason Ray
Marshall Jason Ray answered on Apr 24, 2016

Employers have wide discretion when it comes to dress an grooming standards for their employees. The restriction you describe regarding piercings is commonplace and likely to be upheld if subject to a legal challenge. Challenges to employer dress codes are only typically successful if an employee... Read more »

1 Answer | Asked in Employment Law for Nebraska on
Q: What liablilty does the employyer have for excon employees

Would an employee having sex in the back room at work constitute sexual harassment also i mentioned this to my bosses multiple times was told they would handle it and then wouldn't. what are my recourse also to tie into this the employee that was having sex at work broke my nose for trying to... Read more »

Ryan P. Sullivan
Ryan P. Sullivan answered on Feb 22, 2012

An employers liability will depend primarily on whether they were aware of the employee's misconduct, whether they failed to take appropriate action necessary to remedy the situation. Under some circumstances, an employer would be liable for damages caused by the conduct of an employee that... Read more »

1 Answer | Asked in Employment Law for Nebraska on
Q: Is it illegal for a supervisor to accept money from an employee in large amounts.
Ryan P. Sullivan
Ryan P. Sullivan answered on May 13, 2011

It depends on the circumstances, can you elaborate?

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