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Can I terminate employees without violating employment laws in Nebraska? What are the requirements?

Here are the requirements for terminating employees in Nebraska:

Termination of Employment in Nebraska

In Nebraska, employers can terminate employees at-will, meaning they can terminate employees for any reason or no reason at all, as long as it is not discriminatory or retaliatory [1.1]. However, there are certain requirements that employers must follow to avoid violating employment laws.

Discrimination and Retaliation

Employers cannot terminate employees based on discriminatory reasons, such as race, gender, age, religion, disability, or marital status [1.3]. Additionally, employers cannot retaliate against employees who file a complaint or participate in an investigation regarding a violation of the Nebraska Wage Payment and Collection Act [1.1] or the Nebraska Fair Employment Practice Act [1.3].

Notice and Final Paycheck

Employers are not required to provide notice to employees before terminating their employment in Nebraska [1.1]. However, employers must provide employees with their final paycheck on or before the next regular payday following the termination of employment [1.1].

Retirement Benefits

If an employee terminates their employment and has five or more years of creditable service, they may elect to leave their contributions in the retirement system and receive a retirement allowance at normal retirement age based on the annuity earned to the date of termination of employment [2.2]. If the employee chooses to receive a refund of contributions, they forfeit all accrued rights in the retirement system, including all accumulated creditable service [2.2].

Terms and Conditions of Employment

Terms and conditions of employment which may otherwise be provided by law for employees not covered under the State Personnel System may be adjusted by the employer-representative as defined in section 81-1371 to address changes arising out of collective bargaining, but in no event shall the adjustment exceed the benefits derived from collective bargaining [2.1].

Conclusion

Employers in Nebraska can terminate employees at-will, but they must not do so for discriminatory or retaliatory reasons. Employers must provide employees with their final paycheck on or before the next regular payday following the termination of employment. If an employee has five or more years of creditable service, they may elect to leave their contributions in the retirement system or receive a refund of contributions. Terms and conditions of employment may be adjusted by the employer-representative as defined in section 81-1371 to address changes arising out of collective bargaining, but in no event shall the adjustment exceed the benefits derived from collective bargaining.

Source(s):
Jurisdiction

Nebraska