There are certain rights to expect when seeking employment in Nebraska, as well as rights after employment has been terminated. Federal and state laws are clear about why an employer may terminate an employee's job and what an employee can do if they have been wrongfully terminated.
Unemployment compensation is provided to anyone who loses his or her job for reasons other than gross misconduct. The compensation is generally a percentage of the employee's wages, even when the employee is receiving just $6.55 per hour, which is Nebraska's minimum wage. If an employee leaves their job voluntarily, they're entitled to unemployment compensation but cannot apply for it until seven weeks after the loss of job.
If an employee loses their job for misconduct or illegal activities, it may disqualify the employee altogether. Most jobs have handbooks, which list what the employer or company considers to be misconduct. However, it is the employer's responsibility to prove that misconduct has occurred. When misconduct can be proven, the employee must wait a minimum of seven to ten weeks before applying for unemployment even when not disqualified. If an employee has been let go from a job with a severance package, the employee may not qualify for unemployment until after the severance package is exhausted. A severance package is not revoked if the employee finds new employment in Nebraska.
Nebraska law protects employees from being terminated for reasons that go against the employee's rights. An example of this is an employee cannot be fired from a job if they refuse to take a polygraph exam. This keeps employment in Nebraska fair, as an employer cannot force an employee to answer a question that could lead to discrimination.
An employer cannot fire someone based on ethnicity, sex, sexual orientation, or a disability that does not hinder the employee from doing his or her job. An employee is safe from termination when they have filed a discrimination report against their employer if the employer has 15 or more employees. If an employee is terminated because of discrimination against them, they may take legal action. In many cases, an employee can include compensation for expenses that were forced to become out of pocket expenses as a direct result of the unfair termination. In some cases, job benefits may be restored.