Wrongful Termination Explained: Employee Rights, Employer Risks, and What to Do Next

Losing a job can feel unfair, abrupt, or even personal. But under employment law, an unfair termination and an unlawful termination are not necessarily the same thing.

That distinction is the starting point for understanding wrongful termination.

In Nebraska, as in many states, most employment relationships are presumed to be at will. An employer generally may terminate an at-will employee for a good reason, a bad reason, or no stated reason at all, as long as the actual reason is lawful. A termination may become legally wrongful when it violates an anti-discrimination or retaliation law, breaches an enforceable employment agreement, interferes with protected leave or workplace rights, or violates a clearly established public policy.

For employees, the important question is usually not simply, “Was I treated unfairly?” It is, “Was I fired because of something the law protects?”

For employers, the corresponding question is whether the stated reason for termination is legitimate, consistently applied, supported by the record, and legally separate from any protected activity the employee recently engaged in.

Erickson Sederstrom’s employment practice addresses these issues from both sides of the employment relationship, including employment discrimination, litigation, wage and hour matters, OSHA issues, employee manuals, restrictive covenants, wrongful discharge claims, executive employment agreements, and workers’ compensation. That broader perspective matters because wrongful termination claims rarely exist in isolation. They often begin with a performance issue, leave request, complaint to HR, wage dispute, workplace injury, accommodation request, or disagreement over an employment agreement.

Wrongful Termination at a Glance

• Unfair does not automatically mean illegal. At-will employment gives employers considerable freedom to make personnel decisions, including decisions employees may consider unreasonable.
• The reason for the firing matters. Termination can become unlawful when it is based on discrimination, retaliation, protected leave, whistleblowing, certain public-policy protections, or a contractual restriction.
• The timeline matters. A termination shortly after a complaint, accommodation request, wage dispute, workplace injury, or protected leave may deserve closer review.
• Documentation matters on both sides. Performance reviews, disciplinary records, emails, text messages, complaints, attendance records, policies, contracts, and the employer’s stated reason for discharge often determine whether a claim can be proven or defended.
• Deadlines can be short. Some employment claims require an administrative filing before a lawsuit can proceed, and waiting too long can eliminate an otherwise viable claim.

What Is Wrongful Termination?

Wrongful termination, sometimes called wrongful discharge, generally means that an employee was fired in violation of a legal right.

That sounds simple, but the legal analysis can be complicated because there is no single federal “wrongful termination law” that applies to every firing. Instead, the claim usually arises from another source of law.

For example, a discharge may be unlawful because it violates:

• Federal or state anti-discrimination law
• An anti-retaliation statute
• Protected family or medical leave rights
• Workers’ compensation protections
• Wage and hour laws
• Whistleblower protections
• A written employment contract
• A collective bargaining agreement
• A clearly established public policy

A termination can therefore be extremely harsh and still be lawful. A manager may fire someone because of a personality conflict, a poor business decision, a restructuring, or dissatisfaction with performance. Unless the real reason crosses a legal boundary, the termination may not support a wrongful discharge claim.

That is why these cases turn on facts, not labels.

At-Will Employment in Nebraska: What It Actually Means

Nebraska generally follows the employment-at-will doctrine. If there is no agreement establishing a specific employment term or restricting termination, either the employer or the employee may generally end the relationship.

But “at will” does not mean “anything goes.”

Nebraska courts recognize that at-will employment can be limited by statute, contract, and certain public-policy exceptions. Federal employment laws create additional limits.

An employer may generally terminate an employee for reasons such as:

• Poor performance
• Attendance problems
• Violation of workplace rules
• Reorganization
• Elimination of a position
• Personality conflict
• Failure to meet legitimate business expectations
• A business decision to reduce staffing

The same termination becomes legally different if one of those reasons is merely a cover for an unlawful motive.

Consider the difference.

An employer terminates an employee after documented attendance problems extending over six months. That may be a straightforward at-will termination.

Now assume the same employee had no prior attendance discipline, requested a disability accommodation, and was fired two days later for “attendance issues” that the employer had previously tolerated. That timing and change in treatment may warrant closer examination.

The point is not that close timing automatically proves discrimination or retaliation. It does not. But timing can become important evidence when combined with inconsistent explanations, unusual departures from normal procedure, or evidence that comparable employees were treated differently.

When a Termination May Be Illegal

Most wrongful termination claims fall into several recognizable categories. Identifying which category applies is important because each type of claim has different legal standards, defenses, filing requirements, and potential remedies.

Discriminatory Termination

Employers cannot discharge employees because of characteristics protected by applicable federal or state law.

Under Nebraska’s Fair Employment Practice Act, covered employers are prohibited from discriminating in termination and other employment decisions based on protected characteristics including race, color, religion, sex, disability, marital status, national origin, and military or veteran status. Pregnancy and related medical conditions also receive statutory protection. Age discrimination is addressed separately under Nebraska law, while federal laws provide overlapping protections in many workplaces.

A discrimination claim usually requires more than showing that the employee belongs to a protected group and was fired. The central question is whether the protected characteristic actually influenced the decision.

Evidence may include:

• Discriminatory comments
• Different treatment of comparable employees
• A sudden decline in performance evaluations after disclosure of a protected condition
• Replacement by someone outside the protected group
• Departure from established disciplinary procedures
• Inconsistent explanations for termination
• Statistical or pattern evidence in larger workforce decisions

One of the most important issues attorneys examine is pretext. If an employer gives a legitimate, nondiscriminatory reason for termination, the employee may attempt to show that the explanation is not the real reason.

For employers, this is why accurate documentation matters. A performance problem documented contemporaneously over several months is generally more persuasive than criticism appearing for the first time after litigation begins.

Retaliation After an Employee Exercises a Protected Right

Retaliation is often misunderstood. An employee does not become immune from discipline merely because they complained about something. Employers may still address legitimate misconduct or performance problems.

The legal issue is whether the employer took adverse action because the employee engaged in legally protected activity.

Protected activity can include, depending on the law involved:

• Reporting discrimination or harassment
• Participating in an employment investigation
• Requesting a reasonable accommodation
• Filing or supporting a wage complaint
• Taking qualifying protected leave
• Exercising certain paid sick time rights
• Filing a workers’ compensation claim
• Reporting certain safety or legal violations

The timing between protected activity and termination often receives significant attention.

Suppose an employee has excellent performance reviews for three years, complains to HR about sexual harassment, and is terminated ten days later for a newly identified “attitude problem.” That does not automatically establish retaliation, but it raises questions an employment attorney would investigate.

Now compare that with an employee who receives repeated documented warnings before making a protected complaint and is later terminated for the same unresolved problems. The employer may have a substantially stronger defense.

Wrongful Termination After Medical or Family Leave

Protected leave creates another common area of dispute.

The federal Family and Medical Leave Act can provide eligible employees of covered employers with job-protected leave for qualifying family and medical reasons. For many private-sector employees, eligibility generally requires at least 12 months of employment, at least 1,250 hours worked during the preceding 12 months, and employment at a worksite where the employer has at least 50 employees within 75 miles.

An employer cannot lawfully terminate someone because they exercised FMLA rights.

At the same time, FMLA leave does not create unlimited job protection. An employee may still be terminated for a legitimate reason unrelated to the leave, such as a layoff that would have occurred anyway or documented misconduct.

The factual question becomes whether the termination would have happened even if the employee had never taken protected leave.

This is one reason employers should evaluate a termination involving an employee on leave, recently returned from leave, or requesting leave before taking action.

Disability Accommodation and Termination

An employee with a disability may be entitled to a reasonable accommodation if they can perform the essential functions of the job with that accommodation and the employer is covered by applicable law.

Common accommodations can include schedule changes, modified duties, assistive equipment, or leave, depending on the circumstances.

A wrongful termination issue can arise when an employer fires an employee instead of properly addressing an accommodation request.

But there are limits. An employer is not necessarily required to eliminate essential job functions or provide an accommodation that creates an undue hardship.

These cases are highly fact-specific. The employee’s actual job duties, medical limitations, requested accommodation, employer response, and interactive process may all matter.

Workers’ Compensation Retaliation

Nebraska recognizes protection against retaliatory discharge for filing a workers’ compensation claim.

That does not mean an employee with a workers’ compensation claim can never be terminated. Employers may still take action for legitimate reasons unrelated to the claim.

The risk arises when the evidence indicates that the claim itself motivated the termination.

For example, an employee who is fired immediately after reporting a workplace injury despite a strong work history may present a very different factual situation than an employee who had already been placed on a documented final warning before the injury occurred.

Whistleblower and Public-Policy Termination

Nebraska’s at-will doctrine also has a narrow public-policy exception.

The Nebraska Supreme Court has recognized circumstances in which an at-will employee may have a wrongful discharge claim when the termination contravenes a clear public policy.

One example involves employees who, in good faith and with reasonable cause, report suspected criminal conduct by their employer. Nebraska courts have also recognized public-policy protection in other circumstances tied to clear statutory mandates.

The public-policy exception is not a general fairness doctrine. An employee cannot simply argue that the firing was contrary to “good policy.” Courts look for a clear legal or public mandate grounded in statutes, constitutional provisions, regulations, or established precedent.

This distinction is important because public-policy claims are often narrower than employees expect.

Refusing to Perform an Illegal Act

An employer cannot safely assume that at-will status allows it to terminate an employee for refusing to engage in conduct prohibited by law.

A classic example is an employee instructed to falsify records, commit fraud, or perform an act that would violate a criminal statute.

If the employee is fired for refusing, the termination may implicate Nebraska’s public-policy exception.

From an employer’s standpoint, this is an area where supervisors need training. An impulsive termination following an employee’s refusal to carry out a questionable instruction can create a legal issue far larger than the original disagreement.

Jury Duty and Other Statutorily Protected Conduct

Nebraska law specifically prohibits employers from discharging or otherwise penalizing an employee because the employee is absent for jury service after providing reasonable notice.

Other statutes protect additional categories of conduct.

This illustrates a broader point: wrongful termination analysis should never stop at the major discrimination statutes. Industry-specific, safety, leave, wage, military-service, whistleblower, and other laws can also contain anti-retaliation provisions.

Nebraska Paid Sick Time Rights

Nebraska’s Healthy Families and Workplaces Act took effect October 1, 2025 and now requires covered employers with 11 or more employees to provide paid sick time under the statute.

The law also prohibits retaliatory personnel action against employees who exercise or attempt to exercise protected paid sick time rights.

That means an employer should be particularly careful before terminating an employee where recent attendance issues involve protected sick time. Attendance policies that improperly count statutorily protected sick time toward discipline can create legal exposure.

For employees, the same rule cuts both ways. Not every illness-related absence is automatically protected. Coverage, accrual, permitted use, and the facts surrounding the absence still matter.

Employment Contracts Can Limit At-Will Termination

Not every employee is purely at will.

Executives, professionals, sales employees, unionized workers, and other employees may work under agreements that restrict when or how termination can occur.

These may include:

• Written employment contracts
• Executive employment agreements
• Collective bargaining agreements
• Offer letters containing enforceable promises
• Compensation agreements
• Certain employer policies, depending on their wording and circumstances

A contract may provide that the employee can only be terminated “for cause,” define what constitutes cause, require advance notice, mandate severance, or establish a particular dispute-resolution procedure.

Erickson Sederstrom’s employment practice includes both executive employment agreements and preventive review of employee manuals and employment-related documents. That experience is directly relevant because wording that seems routine when a document is drafted can become decisive years later when a termination occurs.

Employers should therefore avoid promising more than they intend to provide. Employees should review the actual contract rather than assuming that the general at-will rule controls.

What Wrongful Termination Is Not

Understanding what does not automatically qualify as wrongful termination is just as important.

A firing is not necessarily unlawful merely because:

• The employee received no warning
• The employer’s decision was harsh
• The supervisor was rude or unfair
• Another employee was liked better
• The employee disagrees with a performance evaluation
• The termination occurred during a restructuring
• The employer made a poor business decision
• The employee believes the allegations were exaggerated
• The company failed to follow an informal custom

These facts may still become relevant when combined with evidence of discrimination, retaliation, contractual rights, or another legal violation.

For example, failing to give a warning normally may not be illegal. But if an employer routinely gives three warnings to everyone else and abruptly fires the only employee who recently complained of discrimination, the departure from normal practice may become evidence.

Context changes the analysis.

The Timing Problem: Why “When” an Employee Is Fired Matters

Timing is one of the first things employment attorneys examine because retaliation and discrimination cases often involve a sequence of events.

A typical timeline might look like this:

1. Employee receives satisfactory reviews.
2. Employee reports harassment to HR.
3. Supervisor learns of the complaint.
4. Supervisor begins documenting minor issues.
5. Employee is terminated three weeks later.

That timeline does not prove retaliation. But it creates a factual pattern worth investigating.

The opposite can also be true.

If the employer can show months of documented performance problems, consistent discipline of similarly situated employees, and a termination decision that was already underway before the protected complaint, the timing may be far less persuasive.

Employees should reconstruct the chronology while memories are fresh.

Employers should make sure the chronology in their records is accurate before acting.

Evidence That Matters in a Wrongful Termination Case

Wrongful termination cases are rarely decided by one dramatic piece of evidence. More often, the strength of the case comes from multiple documents and events pointing in the same direction.

Employment Records

Relevant documents may include:

• Offer letters
• Employment agreements
• Performance evaluations
• Written warnings
• Attendance records
• Compensation records
• Employee handbook provisions
• Leave records
• Accommodation requests
• Severance documents
• Termination letters

Emails, Text Messages, and Internal Communications

Electronic communications can become critical.

A supervisor’s email saying, “We need to get rid of her before she files another complaint,” may carry obvious significance.

More often, the evidence is subtler. An attorney may compare messages before and after a protected complaint, evaluate changes in tone, or identify inconsistencies between internal communications and the formal reason given for discharge.

Employees should preserve communications they lawfully possess. They should not access systems after authorization has ended, take confidential company information they have no right to possess, or download proprietary records simply because litigation is anticipated.

Witnesses

Coworkers may have observed:

• Discriminatory remarks
• Unequal treatment
• Retaliatory comments
• Supervisor reactions to complaints
• Different discipline imposed on comparable employees

Witness credibility matters. Contemporaneous notes and documents often make witness testimony stronger.

Comparative Evidence

One of the most useful questions in many employment cases is:

How did the employer treat other employees who engaged in similar conduct?

If employees with similar attendance or performance issues were retained while one protected employee was fired, the difference may matter.

The employees being compared must actually be similarly situated in relevant respects. Surface similarities are not always enough.

Changes in the Employer’s Explanation

An employer that gives one reason for termination at the meeting, another reason to the unemployment agency, and a third reason during litigation may create a credibility problem.

That does not automatically establish an illegal motive, but inconsistent explanations can support a pretext argument.

Employers should therefore investigate the facts before communicating the reason for termination, not after.

What Employees Should Do After Being Fired

The period immediately following termination is important. Emotional reactions are understandable, but impulsive decisions can damage an otherwise strong case.

1. Write Down the Timeline

Create a chronological account of significant events while the details are still fresh.

Include:

• Dates of complaints
• Performance reviews
• Supervisor comments
• Leave requests
• Accommodation requests
• Disciplinary meetings
• Witnesses
• Termination conversations

Separate what you personally observed from what someone else told you.

2. Preserve Lawfully Held Documents

Keep copies of documents you are legally entitled to retain, including your employment agreement, pay records, reviews, and correspondence sent to your personal accounts.

Do not access restricted company systems after termination or remove confidential information in violation of company policy or law.

3. Identify the Employer’s Stated Reason

If the employer provides a written termination reason, keep it.

If there is no written explanation, record exactly what was said during the termination meeting and who was present.

The stated reason can later be compared with the employment record.

4. Review Your Final Pay

Nebraska generally requires unpaid wages after separation to be paid on the next regular payday or within two weeks of termination, whichever occurs sooner for most private employers.

Earned but unused vacation may also qualify as wages under Nebraska law. Other forms of paid leave may be treated differently depending on the applicable statute, policy, or agreement.

Review:

• Regular wages
• Earned commissions
• Vacation
• Bonuses already earned under applicable terms
• Expense reimbursement
• Other agreed compensation

A final-pay dispute is not automatically a wrongful termination claim, but it can create a separate wage issue.

5. Review Any Severance Agreement Before Signing

Severance agreements frequently contain releases of legal claims.

That does not mean every severance package is unfair or should be rejected. Many are valuable and appropriate. But the employee should understand exactly what rights are being waived and what compensation or benefits are being provided in exchange.

Important provisions can include:

• Release of claims
• Confidentiality
• Non-disparagement
• Cooperation obligations
• Restrictive covenants
• Return of property
• Benefit continuation
• Payment timing
• Revocation rights where legally required

Executive severance agreements can be especially complex because they may interact with equity, bonuses, restrictive covenants, change-in-control provisions, and existing employment agreements.

6. Continue Looking for Work

Employees seeking lost wages generally have an obligation to make reasonable efforts to mitigate their damages.

That means looking for reasonably comparable employment.

Keep a record of:

• Applications
• Interviews
• Recruiter contacts
• Job offers
• Rejections
• Compensation discussions

A former employer may argue that recoverable wage losses should be reduced if the employee failed to make reasonable efforts to find new work.

7. Watch the Filing Deadlines

Employment claims can have very different deadlines.

Under the Nebraska Fair Employment Practice Act, a written charge generally must be filed within 300 days after the alleged unlawful employment practice.

Federal EEOC deadlines are generally 180 days, extended to 300 days in jurisdictions where a state or local agency enforces a law prohibiting the same type of discrimination. Different rules apply to some claims and to federal employees.

Employees should not assume that every wrongful termination theory has the same statute of limitations.

What Employers Should Do Before Terminating an Employee

Employers reduce wrongful termination exposure long before the termination meeting.

ES Law’s work in preventive employment matters, including employee manuals, labor relations, wage and hour law, OSHA matters, and employment agreements, reflects an important reality: the strongest defense to an employment lawsuit is often created by sound decisions and documentation before the dispute begins.

Review the Actual Reason for Termination

The reason should be legitimate and supported.

Ask:

• What specific conduct or performance problem led to the decision?
• What documentation supports it?
• Has the employer previously tolerated the same issue?
• Is the reason consistent with prior evaluations?
• Is the same standard applied to comparable employees?

A vague statement such as “not a good fit” may be appropriate in some contexts, but it can become problematic if internal records show a different reason.

Check for Recent Protected Activity

Before terminating someone, determine whether the employee recently:

• Complained about discrimination or harassment
• Requested medical leave
• Requested an accommodation
• Filed a workers’ compensation claim
• Reported a safety concern
• Raised wage or overtime issues
• Used protected sick time
• Participated in an investigation

Recent protected activity does not prohibit termination. It does mean the employer should verify that the legitimate reason is independently supported.

Review Past Treatment of Comparable Employees

Consistency is important.

If one employee is fired for a first attendance violation while others routinely receive warnings, the employer should be able to explain the difference.

Possible legitimate distinctions might include:

• Different job responsibilities
• Prior discipline
• Different severity of conduct
• Different attendance history
• Different decision makers

What creates risk is unexplained inconsistency.

Review Contracts, Policies, and Collective Bargaining Obligations

Before assuming employment is at will, check the documents.

An employment agreement may require cause or notice. A collective bargaining agreement may require progressive discipline or a grievance process. An executive agreement may trigger severance.

The termination process should match the governing documents.

Confirm Leave and Accommodation Issues Are Resolved

Terminating an employee in the middle of a leave or accommodation issue deserves careful review.

The employer should confirm whether:

• FMLA applies
• Disability accommodation obligations apply
• Paid sick time is protected
• Workers’ compensation rights are implicated
• The employee provided required documentation
• The leave has actually been exhausted

Plan the Termination Communication

The message should be accurate, professional, and consistent.

Avoid unnecessary accusations, speculative language, jokes, or comments about protected characteristics.

Employers should assume that the termination conversation may later be described in a deposition.

Common Employer Mistakes That Create Wrongful Termination Risk

Some termination decisions become harder to defend because of avoidable procedural mistakes.

Common examples include:

• Terminating immediately after protected activity without reviewing the timeline
• Giving inconsistent reasons for discharge
• Creating negative documentation only after a complaint
• Ignoring favorable performance reviews
• Applying policies inconsistently
• Failing to address an accommodation request
• Counting protected leave as an attendance violation
• Letting a supervisor act without HR or legal review in a high-risk situation
• Making retaliatory remarks in texts or emails
• Failing to review an employment agreement
• Mishandling final wages or earned vacation

None of these facts automatically proves wrongful termination. But several together can make an employer’s legitimate explanation harder to defend.

Common Employee Mistakes After Termination

Employees can also weaken their position after discharge.

Posting the Dispute on Social Media

Public accusations can create evidentiary issues, reputational problems, and unnecessary side disputes.

Taking Confidential Company Information

An employee should preserve evidence they lawfully possess, not copy an entire customer database, trade secret file, or restricted company system.

Signing a Severance Agreement Without Understanding It

Once a valid release becomes effective, some claims may be waived.

Focusing Only on “Fairness”

Employment law does not generally provide damages simply because a manager acted badly.

Employees should identify the legally protected conduct or status connected to the termination.

Waiting Too Long

Administrative filing deadlines do not pause because someone is negotiating informally with the employer.

How Wrongful Termination Damages May Be Calculated

Available remedies depend on the legal theory involved.

Potential damages may include:

Back Pay

Back pay generally represents wages and benefits lost between termination and resolution, reduced by interim earnings where applicable.

Front Pay

Front pay may be available when reinstatement is not practical and future wage loss can be established.

Reinstatement

Some statutes allow reinstatement to the former position or a comparable position.

Compensatory Damages

Certain discrimination laws permit recovery for emotional distress and other non-economic losses, subject to statutory requirements and limits.

Punitive Damages

Punitive damages may be available under some federal claims where the applicable legal standard is met. They are not available in every case.

Attorney Fees and Costs

Some employment statutes allow a prevailing employee to recover reasonable attorney fees.

There is no reliable universal formula for valuing a wrongful termination case. The value depends on liability strength, wage loss, mitigation, employer size, applicable statutes, available damages, documentary evidence, witnesses, and litigation risk.

A six-figure salary does not automatically create a six-figure claim. Likewise, a lower-wage employee may have a substantial claim if the statutory violation and damages are significant.

Wrongful Termination and Severance Agreements

Severance is often where employment law and business strategy intersect.

For employees, the question is whether the offered compensation fairly reflects the rights being released.

For employers, severance can provide transition assistance while obtaining a properly drafted release and reducing uncertainty.

A severance review should address:

• Whether the employee has potential claims
• Amount of severance
• Continued benefits
• Bonus or commission rights
• Equity compensation
• Restrictive covenants
• Confidentiality
• Non-disparagement
• Reference provisions
• Cooperation requirements
• Applicable age-discrimination waiver rules

Executive employment agreements deserve particular attention because termination can trigger compensation obligations far beyond salary.

Wrongful Termination Filing Deadlines in Nebraska

Deadlines depend on the type of claim.

For claims under the Nebraska Fair Employment Practice Act, a charge generally must be filed with the Nebraska Equal Opportunity Commission within 300 days of the alleged unlawful employment practice.

Federal discrimination charges generally must be filed with the EEOC within 180 days, although the period is extended to 300 days where a state or local agency enforces a law prohibiting the same discrimination.

Federal employees follow a different process and generally have much shorter initial counseling deadlines.

Contract claims, wage claims, workers’ compensation retaliation claims, and common-law wrongful discharge claims may follow different limitation periods.

Because the correct deadline depends on the legal theory, employees should avoid working backward from a general internet answer.

Frequently Asked Questions About Wrongful Termination

What legally counts as wrongful termination?

Wrongful termination generally occurs when an employee is fired in violation of a statute, enforceable contract, or recognized public policy. Common examples include discriminatory discharge, retaliation for protected activity, interference with protected leave, workers’ compensation retaliation, and termination in violation of an employment agreement.

Can my employer fire me without warning in Nebraska?

Often, yes. At-will employment generally does not require advance warning or progressive discipline unless a contract, collective bargaining agreement, policy with enforceable effect, or statute provides otherwise.

Lack of warning may still become relevant evidence if the employer normally gives warnings and deviated from that practice only in the employee’s case.

Can I sue because my firing was unfair?

Unfairness alone generally is not enough. The employee must usually connect the termination to a legally protected right, status, contractual obligation, or public policy.

Is being fired after complaining to HR wrongful termination?

It can be if the HR complaint involved legally protected activity and the complaint caused the termination.

An employee can still be fired after making a complaint for a legitimate, non-retaliatory reason. The timing, documentation, employer knowledge, and treatment of other employees become important.

Can I be fired while I am on medical leave?

Possibly. Protected leave does not make an employee immune from legitimate termination decisions unrelated to the leave.

However, an employer cannot fire an eligible employee because they exercised protected leave rights. FMLA, disability accommodation, paid sick leave, and other laws may need to be evaluated.

Can I be fired for filing a workers’ compensation claim?

Nebraska recognizes a cause of action for retaliatory discharge when an employee is terminated because the employee filed a workers’ compensation claim.

An employer may still terminate the employee for legitimate reasons unrelated to the claim.

Can I be fired for refusing to do something illegal?

A termination for refusing to engage in unlawful conduct may implicate Nebraska’s public-policy exception to at-will employment, depending on the specific law and circumstances.

Does an employee handbook prevent an employer from firing me?

Not necessarily. Many handbooks contain express at-will disclaimers.

The wording of the handbook, employment agreement, offer letter, and other documents must be reviewed together before concluding that a contractual restriction exists.

Can my employer give a false reason for firing me?

An employer that gives a false explanation may create evidence supporting a pretext argument, but proving the explanation is false does not by itself establish discrimination or retaliation. The employee still needs evidence connecting the firing to an unlawful reason.

Do I have to sign a severance agreement?

Generally, an employee is not required to sign a severance agreement merely because the employer offers one. The agreement usually exchanges compensation or benefits for specific promises, often including a release of legal claims.

The agreement should be reviewed before signing.

How long do I have to file a wrongful termination claim in Nebraska?

There is no single deadline for every wrongful termination claim. NFEPA discrimination claims generally have a 300-day charge-filing period. Federal, contractual, wage, public-policy, and other claims can have different deadlines.

What evidence is most useful in a wrongful termination case?

Useful evidence often includes performance reviews, disciplinary records, emails, text messages, HR complaints, leave or accommodation requests, employment agreements, policies, termination documents, witnesses, and a detailed timeline.

What should an employer document before firing someone?

The employer should accurately document the legitimate reason for discharge, relevant performance or conduct issues, previous discipline, applicable policies, treatment of comparable employees, and any review of protected leave or complaint issues.

Before a Termination Becomes Litigation

Wrongful termination disputes are rarely about a single event viewed in isolation. The legal issue usually emerges from the sequence: what happened before the firing, what the employer knew, what reasons were given, how other employees were treated, and whether the decision followed or departed from established practice.

That is also why preventive employment counsel matters.

A carefully drafted employee manual cannot make every termination litigation-proof. A well-documented performance process cannot guarantee that an employee will not file a claim. But clear policies, consistent discipline, properly handled leave and accommodation requests, accurate wage practices, and thoughtful termination review can eliminate many of the factual problems that make employment disputes difficult to defend.

For employees, the same principle applies in reverse. A credible claim is built from facts that connect a termination to a protected legal right, not simply from the understandable belief that the firing was unfair.

Erickson Sederstrom’s employment attorneys work across the issues that commonly intersect with termination decisions, including employment discrimination, litigation, wage and hour compliance, labor-management relations, OSHA matters, employee manuals, restrictive covenants, executive employment agreements, workers’ compensation, and wrongful discharge claims. Looking at the full employment relationship rather than the termination meeting alone often provides the clearest picture of what happened and what legal options are available.