Smart Business Practices? Terminating An Employee Who May Have a Claim Under Nebraska’s Workers’ Compensation Act.

An employer may terminate an employee who claims they are entitled to benefits under Nebraska’s workers’ compensation laws, but the employer must have a legitimate, non-discriminatory reason for the termination. Employers must be careful in this situation because it may be exposing itself to a retaliation claim. Generally speaking, the essence of a workers’ compensation retaliation claim is an allegation that the employee was terminated, discriminated against, or in some manner treated more harshly because he or she initiated the workers’ compensation claims process.

The law of retaliation in the workers’ compensation context is governed by state law. For example, Nebraska law provides that an employer may not demote or terminate an employee for making a claim for workers’ compensation benefits. Trosper v. Bag ‘N Save, 273 Neb. 855 (2007) (demotion); Jackson v. Morris Communications Corporation, 265 Neb. 423 (2003) (termination).

For more information regarding termination and retaliation claims in the workers’ compensation context, please contact Robert Seybert or any of the other workers’ compensation attorneys at rseybert@baylorevnen.com or (402) 475-1075.