Assuming you do not have an employment contract, you can only claim wrongful termination if the firing was motivated by certain unlawful reasons. Unlawful reasons include discrimination based on sex or gender – this includes sexual harassment and pregnancy – as well as race, religion, nationality and disability. In certain places and in certain situations, sexual orientation discrimination can also be unlawful. Disability in this context will often mean any serious or chronic health condition you have. Disability discrimination can also mean that you are taking care of someone with a disability.
You also cannot be discriminated against by your employer for certain activities on the job. This is commonly referred to as retaliation. One of these activities is taking extended leave under the Family and Medical Leave Act (FMLA) for your own or for a loved one’s medical condition. Other common protected activities include opposing unlawful discrimination; filing a safety complaint; filing a workers’ compensation complaint; complaining of pay practices; or complaining about other illegal activities. If you are a government employee, you might also have some claims based on constitutional law.
When people are hurt at work, they are often compelled to file for unemployment benefits. This may be because they are fired for not being able to do their job or end up quitting because they are no longer physically able to do their job.
If you quit, you will have to show that you did so with good cause. If you physically can no longer do your job because of your injury, that qualifies.
If you have been terminated, your employer may attempt to withhold unemployment benefits. To do this, your employer will have to demonstrate that you were terminated because of a misconduct on your part. Misconduct is intentional behavior by you. For example, if you are not performing at work even though you are medically capable of doing your job and have been told to improve, if you call in sick numerous times for unnecessary reasons, or if you don’t show up for work, these behaviors would qualify as misconduct.
Your employer would have to show documentation of these behaviors at an unemployment hearing. If documentation is not available and it comes down to your word versus your employer’s word, the likelihood is that you will win your case and will be able to collect unemployment benefits.
If you have questions about employment issues or unemployment benefits, our attorneys are licensed to practice in Nebraska and Iowa. I can also refer you to an expert attorney in another state if needed.
In Nebraska, being fired for reporting your injury is against the law.
Many Nebraskan workers that have been injured on the job have probably had similar thoughts given today’s economy. However, there are protections for injured workers from getting fired for reporting a workers’ compensation injury. In fact, if you are fired for reporting a work injury, you may be entitled to damages as a result of your termination.
Nebraska is an “at will” employment state. In other words, you may be fired for any reason unless you have an employment contract or you are fired in a discriminatory or retaliatory manner.
You may also be able to recover damages from your employer for being fired for retaliation from your employer.
For example, most people know that you cannot be fired on the basis of: Race, Religion, Ethnicity, Disability, Age, or Gender. If you are fired for these reasons, there are Federal and State laws to allow you to sue your employer.
On the other hand, not everyone knows that you may also be able to recover damages from your employer for being fired for retaliation from your employer. Continue reading →