In Nebraska employees are protected from retaliation in the form of demotion or termination which is done to punish them for reporting an injury that occurs on the job.
Nebraska employers are prohibited from taking any “Materially adverse action which would dissuade a reasonable employee from exercising workers compensation rights." Termination of employment in retaliation for filing a workers' compensation claim is contrary to public policy and supports a wrongful termination action. See Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (2003).
Nebraska workers that believe that they have been wrongfully terminated or demoted due to an injury at work must prove their case. “The burden of proof for a prima facie case of retaliatory discharge for filing a workers’ compensation claim is on the employee.
The Nebrasaka employee plaintiff must show
(1) he engaged in a protected activity
(2) the employer took an adverse employment action
against him
(3) a causal connection existed between the
protected activity and the adverse employment action.
It is a significant help to the Nebraska injured worker's claim if the timing of the adverse action (firing or demotion) is close in time to when the injury occurred or was reported.
If the employer has a legitimate non-retaliatory reason for the adverse action, the employee must prove that reason is a pretext.
Nebraska cases have found that some circumstantial evidence can show a link between the termination and the retaliation. Some examples of the circumstantial evidence can include:
(1) knowledge of the claim by decision maker;
(2) expression of a negative attitude toward the employee’s injury;
(3) failure to adhere to established company policies;
(4) discriminatory treatment in comparison to similarly situated employees; and
(5) evidence that the stated reason for the discharge was false.
If you believe you were fired or demoted from your job in Nebraska because you were injured at work, you should speak to an attorney. Most attorneys would take them on a contingency fee basis which means the attorney is only paid a portion of what is recovered. However, in these cases there must be some damages to recover. So if you JUST lost your job, you likely do not have any damages yet. It is still worth it to speak to a Nebraska wrongful termination attorney though. They might be able to help you get your job back.
Contact Angela Madathil, and Madathil Law Office, for a free consultation today.
Nebraska employers are prohibited from taking any “Materially adverse action which would dissuade a reasonable employee from exercising workers compensation rights." Termination of employment in retaliation for filing a workers' compensation claim is contrary to public policy and supports a wrongful termination action. See Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (2003).
The Nebrasaka employee plaintiff must show
(1) he engaged in a protected activity
(2) the employer took an adverse employment action
against him
(3) a causal connection existed between the
protected activity and the adverse employment action.
It is a significant help to the Nebraska injured worker's claim if the timing of the adverse action (firing or demotion) is close in time to when the injury occurred or was reported.
If the employer has a legitimate non-retaliatory reason for the adverse action, the employee must prove that reason is a pretext.
Nebraska cases have found that some circumstantial evidence can show a link between the termination and the retaliation. Some examples of the circumstantial evidence can include:
(1) knowledge of the claim by decision maker;
(2) expression of a negative attitude toward the employee’s injury;
(3) failure to adhere to established company policies;
(4) discriminatory treatment in comparison to similarly situated employees; and
(5) evidence that the stated reason for the discharge was false.
If you believe you were fired or demoted from your job in Nebraska because you were injured at work, you should speak to an attorney. Most attorneys would take them on a contingency fee basis which means the attorney is only paid a portion of what is recovered. However, in these cases there must be some damages to recover. So if you JUST lost your job, you likely do not have any damages yet. It is still worth it to speak to a Nebraska wrongful termination attorney though. They might be able to help you get your job back.
Contact Angela Madathil, and Madathil Law Office, for a free consultation today.
Angela Y. Madathil
Madathil Law Office, LLC
Omaha and Lincoln Nebraska Wrongful Termination Lawyer
Serving clients throughout Nebraska.
In Omaha In Lincoln
1625 Farnam Street #830 285 South 68th Street Place, Suite 322
Omaha, NE 68102 Lincoln, NE 68510
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