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Can I fire employees for reasons other than poor performance in Nebraska? What are the requirements?

Nebraska is an at-will employment state, which means that employers can terminate employees for any reason, as long as it is not discriminatory or retaliatory. However, there are certain requirements that employers must follow when imposing disciplinary action or terminating an employee.

Requirements for Disciplinary Action and Termination

Disciplinary action may be taken for any of the following offenses [1.1]:

  • Violation of, or failure to comply with federal laws, State constitution or statute, an executive order, published rules, regulations, policies or procedures of the employing agency or the State of Nebraska Classified Personnel System;
  • Failure or refusal to comply with a lawful order or to accept a proper assignment from an authorized supervisor;
  • Inefficiency, incompetence or negligence in the performance of duties;
  • Unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or alcoholic beverage in the workplace or reporting for duty under the influence of alcohol and/or unlawful drugs;
  • Negligent or improper use of state property, equipment or funds, or conversion of same to one’s own use;
  • Use of undue influence to gain, or attempt to gain, promotion, leave or favorable assignment for individual benefit or advantage;
  • Falsification, fraud or intentional omission of required information;
  • Unauthorized, improper use or abuse of any type of leave, meal or rest periods;
  • Absenteeism;
  • Failure to maintain satisfactory working relationships with the public or other employees;
  • Failure to obtain and maintain a current license or certification required by law or agency standards as a condition of employment;
  • Commission of a crime;
  • Insubordinate acts or language;
  • Acts or conduct (on or off the job) which adversely affects the employee’s performance and/or the employing agency’s performance or function;
  • Workplace harassment based, in whole or in part, on race, color, sex, religion, age, disability, genetic information, or national origin; or
  • Possession of materials and/or the utterance of comments in the workplace that are derogatory towards a group or individual based upon race, gender, color, religion, disability, age or national origin.

Disciplinary problems are generally addressed in a progressive manner, and the nature and severity of the violation will dictate the level of discipline imposed [1.2]. More severe levels of disciplinary action may be imposed when a lesser action is deemed inadequate or has not achieved the desired results. Management may consider the type and frequency of previous offenses, the period of time elapsed since a prior offense and any extenuating circumstances in determining appropriate discipline. One or a combination of any of the following disciplinary actions may be imposed [1.2]:

  • Written warning
  • Disciplinary probation status
  • Suspension
  • Demotion
  • Reduction in salary within salary grade
  • Dismissal

Employees may contest disciplinary dismissals according to the provisions in [2.5]. Eligible employees in the State Classified Personnel System who are aggrieved as a result of management actions involving the application and interpretation of personnel rules, may formally grieve such actions. Grievance decisions made by the agency may be appealed to the State Personnel Board by filing a grievance and completing the steps of the procedure described in [1.3].

Conclusion

In summary, employers in Nebraska can terminate employees for any reason, as long as it is not discriminatory or retaliatory. However, there are certain requirements that employers must follow when imposing disciplinary action or terminating an employee. Employers must follow the disciplinary action guidelines outlined in [1.1] and [1.2], and employees have the right to contest disciplinary dismissals according to the provisions in [2.5] and [1.3].

Source(s):
Jurisdiction

Nebraska