You showed up on time, hit your numbers, and never had a performance issue. Then on a Tuesday afternoon, your manager called you in and told you your position was being eliminated. No warning. No write-up. No explanation that made sense. You’re wondering: is this even legal?
In most cases, yes. Nebraska is an at-will employment state, which means that absent an employment contract or specific legal protection, your employer can terminate you for any reason, no reason, or even an unfair reason — as long as it’s not an illegal reason. Understanding the difference between a bad reason and an illegal reason is critical for Nebraska workers evaluating their options after a termination.
Horgan Law LLC represents employees and employers in employment law matters throughout the Omaha metro area and across Nebraska.
What Does At-Will Employment Mean in Nebraska?
Nebraska follows the at-will employment doctrine, which means that either the employer or the employee can end the employment relationship at any time, for any lawful reason, with or without notice. The Nebraska Supreme Court has consistently affirmed this principle. In Malone v. American Business Information, Inc., 262 Neb. 733 (2001), the Court held that the at-will employment doctrine remains the default rule in Nebraska unless modified by contract, statute, or recognized public policy exception.
This means your employer generally does not need to give you a reason for termination. They don’t need to follow progressive discipline. They don’t need to document performance issues. The at-will rule gives employers broad discretion — but that discretion has limits.
What Are the Exceptions to At-Will Employment in Nebraska?
Nebraska recognizes several important exceptions to the at-will doctrine. If your termination falls into one of these categories, you may have a legal claim even though Nebraska is an at-will state.
Discrimination
Federal law — through Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and other statutes — prohibits termination based on race, color, religion, sex (including pregnancy and sexual orientation), national origin, age (40 and older), disability, or genetic information. Nebraska’s Fair Employment Practice Act (Neb. Rev. Stat. §§ 48-1101 et seq.) provides parallel state-law protections and covers employers with 15 or more employees.
Retaliation
Employers cannot fire you for exercising a legal right. This includes filing a workers’ compensation claim (protected under Neb. Rev. Stat. § 48-116), reporting workplace safety violations to OSHA, reporting illegal activity (whistleblowing), filing a discrimination complaint, or participating in a government investigation. The Nebraska Supreme Court recognized the public policy exception to at-will employment in Ambroz v. Cornhusker Square Ltd., 246 Neb. 374 (1994), holding that termination violating a clear mandate of public policy is actionable.
Breach of Contract
If you have a written employment contract that specifies the duration of employment or requires cause for termination, your employer must comply with those terms. Even without a formal contract, Nebraska courts have recognized that employee handbooks can create implied contracts in certain circumstances. In Johnson v. National Beef Packing Co., 220 Neb. 235 (1985), the Nebraska Supreme Court held that handbook provisions can become part of the employment contract if the employee can demonstrate reliance on those provisions.
Violation of Public Policy
Nebraska recognizes a public policy exception to at-will employment. You cannot be fired for refusing to participate in illegal activity, for performing a public obligation (such as jury duty), or for exercising a statutory right. The public policy must be clearly established by constitution, statute, or judicial decision — not just a general sense of fairness.
What Should I Do If I Think I Was Wrongfully Terminated?
If you believe your termination was illegal rather than merely unfair, take these steps promptly.
Document everything. Write down the circumstances of your termination while they’re fresh: who said what, when, any witnesses present, and any prior incidents that may be relevant. Save copies of performance reviews, emails, text messages, and any company communications related to your termination.
Don’t sign anything immediately. Employers often present severance agreements or separation agreements that include broad releases of claims. You have the right to review these documents with an attorney before signing. Under the ADEA, employees over 40 must be given 21 days to consider a severance agreement and 7 days to revoke after signing.
File a charge if applicable. Discrimination and retaliation claims under federal law generally require you to file a charge with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. Under Nebraska state law, you file with the Nebraska Equal Opportunity Commission (NEOC).
There are strict deadlines: 300 days from the date of termination for EEOC charges in Nebraska (because Nebraska has a state agency), and 300 days for NEOC charges.
Consult an attorney. Employment law claims are time-sensitive and fact-specific. An experienced attorney can evaluate whether your termination falls into one of the exceptions to at-will employment and advise you on the strength of your claim.
What Damages Can I Recover for Wrongful Termination in Nebraska?
Available damages depend on the type of claim. For discrimination claims under Title VII and the Nebraska Fair Employment Practice Act, remedies include back pay (lost wages from the date of termination), front pay (future lost wages), compensatory damages for emotional distress, and attorney fees. Federal law caps compensatory and punitive damages based on employer size — from $50,000 for employers with 15-100 employees to $300,000 for employers with more than 500 employees.
For breach of contract claims, damages typically include the compensation you would have received under the contract. For public policy tort claims, damages can include compensatory damages and, in cases involving egregious conduct, punitive damages.
Frequently Asked Questions
Can my employer fire me without warning in Nebraska?
Generally, yes. Nebraska’s at-will employment doctrine does not require employers to give notice or warnings before termination. However, if your employer has a progressive discipline policy in an employee handbook, and you relied on that policy, the handbook provisions may create an implied contract that modifies the at-will relationship.
Is it wrongful termination if my employer lied about the reason?
Not necessarily. An employer can give a false or pretextual reason for termination without it being illegal — unless the real reason is an illegal one, such as discrimination, retaliation, or violation of public policy. If you can show that the stated reason was a pretext for an illegal motive, that evidence supports a wrongful termination claim.
Can I sue for wrongful termination if I was an at-will employee?
Yes, if your termination violated one of the recognized exceptions to at-will employment: discrimination, retaliation, breach of contract (including implied contract from a handbook), or violation of public policy. Being at-will does not mean your employer can fire you for an illegal reason.
How long do I have to file a wrongful termination claim in Nebraska?
Deadlines vary by claim type. EEOC charges must be filed within 300 days. Nebraska breach of contract claims have a five-year statute of limitations for written contracts (Neb. Rev. Stat. § 25-205) and four years for oral contracts (§ 25-206). Tort claims, including public policy violations, generally have a four-year deadline. Do not delay in consulting an attorney.
If you believe you were wrongfully terminated from your job in Nebraska, Horgan Law LLC can evaluate your situation and advise you on your legal options. Contact us at 402-965-0652 or visit horganlawfirm.com/contact-us.
Contact Horgan Law LLC
Horgan Law LLC handles complex civil litigation across Nebraska, including disputes involving the death of a party, estate claims, probate litigation, and related matters. If you have questions about a pending lawsuit involving a deceased party, revivor requirements, or the interaction between civil litigation and probate administration, contact our office to discuss your situation.
This article is intended for general educational purposes and does not constitute legal advice. Every situation is different. Consult a licensed Nebraska attorney for guidance specific to your circumstances.
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