Nebraska is an at-will state. What this means is that an employer can terminate you for any reason, as long as there is no enforceable oral or written contract in place guaranteeing your employment for a specified length of time. However, that reason cannot be an illegal reason. There are various state and federal laws that are designed to protect unlawful discrimination and illegal pay practices. The attorneys at Dyer Law are experienced in guiding employees who believe they have been harassed, demoted, or even terminated for one of these illegal reasons through the legal maze of enforcing their rights. We handle claims dealing with the following employment issues:
- Minimum wage and Failure to Pay Overtime (Wage and Hour/Fair Labor Standards Act claims)
- Sex/Pregnancy Harassment and Discrimination
- Race/National Origin Harassment and Discrimination
- Disability Discrimination and Failure to Accommodate Disabilities
- Age Discrimination
- Religious Discrimination
- Family Medical Leave Act/Uniformed Servicemen Employment & Reemployment Rights Act
- Workers’ Compensation Retaliation
- Wrongful Termination based upon Nebraska Public Policy
- Employment Agreement Enforcement
Work with an Experienced Employee Rights Lawyer
Dyer Law has been a leader in representing workers. Their mission is to vindicate the rights of employees who have been treated unfairly and secure the employment opportunities and/or compensation they deserve.
Additional Information About Employee Rights Claims in Nebraska
Unfortunately, whether it is ignorance or arrogance, many employers base employment decisions on illegal reasons. If you believe that you have been demoted or terminated based on your race, color, national origin, sex, pregnancy, disability, age or religion, you may have a claim for harassment or discrimination under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, or the Nebraska Fair Employment Practices Act. There are strict deadlines and procedural requirements regarding discrimination claims, so you must act quickly to preserve your claims. The attorneys at Dyer Law can assist you in protecting your rights to be treated fairly.
Family Medical Leave Act/Uniformed Servicemen Employment and Reemployment Rights Act
The FMLA entitles eligible employees to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons, or for any “qualifying exigency” arising out of the fact that a covered military member is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation. The FMLA also allows eligible employees to take up to 26 workweeks of job-protected leave in a “single 12-month period” to care for a covered service member with a serious injury or illness. To be eligible, the employee must have worked for the employer for at least one year (1) and worked more than 1250 hours during the previous calendar year. Additionally, the employer must employ fifty (50) or more employees within a 75-mile radius. An employee does not even need to request FMLA leave if your employer is aware that you are suffering from a serious illness. Often employers disfavor the use of FMLA leave and attempt to interfere with FMLA rights. If you believe you need FMLA leave or have suffered harassment, demotion, or termination because of your attempt to exercise your rights under the FMLA or you were wrongfully denied FMLA, you need to contact Dyer Law as soon as possible. We can guide you through the FMLA process or attempt to secure your rights by speaking with your employer. Were you injured by a third party?
Workers Compensation Retaliation/Wrongful Termination
Employers in Nebraska cannot retaliate against an injured worker who has filed a workers’ compensation claim by demoting them or terminating them. Because of the large number of work-related accident victims we represent, our attorneys see those same workers being harassed, demoted and even terminated on a regular basis. Additionally, if you believe that you have been terminated because your employer is not following safety rules and regulations or other laws that are in place to protect the public, you may have a claim for wrongful termination under Nebraska state law.
Wage and Hour Claims
Employers also regularly do not comply with their obligation under the Fair Labor Standards Act to pay the proper minimum wage and overtime (time and half). If you believe that you have not been paid the minimum wage or work more than forty (40) hours/week in a non-managerial capacity and have not been paid overtime wages, you need to call the attorneys at Dyer Law for assistance.
THE ULTIMATE GUIDES
Dyer Law attorneys have authored two books to provide you helpful information when you are involved in an accident or workers’ compensation situation. Both are available free from Dyer Law.