Wrongful Termination in Nebraska (2026): Laws, Deadlines, How to File

Nebraska is an at-will state: an employer can generally fire an employee for any reason, so a firing is wrongful only when it breaks a specific law, a binding contract or handbook term, or a very clear mandate of public policy. The main state law is the Nebraska Fair Employment Practice Act, which makes it unlawful for an employer with 15 or more employees to discharge or harass someone because of a protected characteristic (Neb. Rev. Stat. 48-1104(1)).

Charges go to the Nebraska Equal Opportunity Commission (NEOC) within 300 days (Neb. Rev. Stat. 48-1118(2)). To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Nebraska law on firing employees: the at-will rule and its exceptions as Nebraska courts apply them, the Nebraska Fair Employment Practice Act (Neb. Rev. Stat. 48-1101 to 48-1125), the Nebraska Age Discrimination in Employment Act (48-1001 to 48-1010) and narrower Nebraska protections such as jury service (25-1674) and paid sick time (48-3805), with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Nebraska severance pay laws.

Is Nebraska an at-will state?

Yes. In Johnston v. Panhandle Cooperative Ass'n, 225 Neb. 732, 408 N.W.2d 261 (1987), the Nebraska Supreme Court treated employment of indefinite duration as presumed to be at will. In Ambroz v. Cornhusker Square Ltd., 226 Neb. 899, 416 N.W.2d 510 (1987), it said: "The right of an employer to terminate employees at will should be restricted only by exceptions created by statute or to those instances where a very clear mandate of public policy has been violated." For how the doctrine works day to day, see Nebraska at-will employment laws.

Discrimination under the Nebraska Fair Employment Practice Act

Neb. Rev. Stat. 48-1104(1) makes it unlawful for an employer "To fail or refuse to hire, to discharge, or to harass any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, disability, marital status, national origin, or military or veteran status."

Who is covered. An "employer" is a person "who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" (Neb. Rev. Stat. 48-1102(2)). The State, its agencies and political subdivisions are covered regardless of size, as is any party financed under the Nebraska Investment Finance Authority Act. The Act excludes the United States, wholly federal corporations, Indian tribes and bona fide private membership clubs exempt under the Internal Revenue Code. The NEOC describes the Act as covering "most private and non-profit employers with 15 or more employees."

Pregnancy. Neb. Rev. Stat. 48-1107.01(2) separately bars discrimination against an individual "who is pregnant, who has given birth, or who has a related medical condition," and the NEOC lists pregnancy within sex discrimination.

Race and hairstyles. "Race is inclusive of characteristics such as skin color, hair texture, and protective hairstyles," including braids, locks and twists (Neb. Rev. Stat. 48-1102(19)-(20), added by Laws 2021, LB451).

Sexual orientation and gender identity. The Act's list of protected classes does not include them. Federal law does: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII," which covers employers with 15 or more employees (42 U.S.C. 2000e(b)). The EEOC charge deadline in Nebraska is 300 days (see below). Omaha: the Omaha Municipal Code bars employment discrimination because of sexual orientation and gender identity, among other grounds, by employers with six or more employees, and a charge must be filed with the city's Human Rights and Relations Department director within 180 days after the practice occurred or after the charging party should reasonably have known about it (Omaha Municipal Code 13-88, 13-89, 13-135). Religious organizations are exempt from the sexual orientation and gender identity provisions for work connected with their religious activity (13-97). That can reach a small employer that state law and Title VII do not. The department's number is 402-444-5055. In Lincoln, a complaint to the Lincoln Commission on Human Rights must be filed within one year of the date the complainant learns of the discriminatory practice (Lincoln Municipal Code 11.02.060).

Age discrimination: a separate act

Age claims run under the Nebraska Age Discrimination in Employment Act, which protects people 40 or older (Neb. Rev. Stat. 48-1003(1)) and covers employers with 20 or more employees, plus the State and political subdivisions regardless of size (Neb. Rev. Stat. 48-1002(2)). The complaint also goes to the NEOC within 300 days (Neb. Rev. Stat. 48-1008(2)). If the Commission "does not initiate an action within sixty days after receipt of a complaint, the person aggrieved may bring a civil action in any court of competent jurisdiction" (Neb. Rev. Stat. 48-1008(1)). The section does not state a separate deadline to sue. A lawsuit by either the Commission or the employee bars a later suit by the other (Neb. Rev. Stat. 48-1008(1)). The Age Act separately bars firing someone for opposing age discrimination or for filing a charge or suit, testifying or taking part in a proceeding under it (Neb. Rev. Stat. 48-1004(4)). The court may grant "such legal or equitable relief as the court deems appropriate," including employment, reinstatement and promotion (Neb. Rev. Stat. 48-1009).

Retaliation and pay discussions

Neb. Rev. Stat. 48-1114(1) bars discrimination against an employee because the employee:

• (a) opposed any practice the Act makes unlawful;
• (b) made a charge or participated in a proceeding under the Act;
• (c) "opposed any practice or refused to carry out any action unlawful under federal law or the laws of this state"; or
• (d) "inquired about, discussed, or disclosed information regarding employee wages, benefits, or other compensation," except for employees who have access to other employees' pay information as part of their job. The protection does not cover discussing pay during working hours contrary to existing workplace policy or a specific contract term, telling a competitor about other employees' pay, or spreading the information to the general public (48-1114(2)); the Nebraska Supreme Court treats the working-hours exception as an employer defense (Khaitov v. Greater Omaha Packing Co., 319 Neb. 932 (2025)).

Subsection (c) works as Nebraska's main private-sector whistleblower protection, but the Nebraska Supreme Court reads it to protect opposition to the employer's own unlawful practice, not to unlawful acts of co-workers (Wolfe v. Becton Dickinson & Co., 266 Neb. 53 (2003); Baker-Heser v. State, 309 Neb. 979 (2021)). It carries the Act's 15-employee threshold and 300-day charge deadline.

How a Nebraska discrimination charge works

The charge. "A written charge of violation of the Nebraska Fair Employment Practice Act shall be filed within three hundred days after the occurrence of the alleged unlawful employment practice" (Neb. Rev. Stat. 48-1118(2)). The NEOC says to "Submit an inquiry to begin the process" through its online form.

The employer's response. The employer has 30 days to respond; if it does not respond without good cause, the Commission must find reasonable cause (Neb. Rev. Stat. 48-1118(3)). The Commission either dismisses for no reasonable cause or tries to conciliate within 30 days after a reasonable-cause finding (Neb. Rev. Stat. 48-1118(1)), and it may hold a public hearing (Neb. Rev. Stat. 48-1119).

Going straight to court. A complainant who "has suffered physical, emotional, or financial harm as a result of a violation of section 48-1104 or 48-1114" may file an action directly in district court "at any stage of the proceedings prior to dismissal" (Neb. Rev. Stat. 48-1119(4)). Filing in court "shall immediately terminate all proceedings before the commission," and you must give the Commission written notice. So the court route and the Commission route do not run side by side.

Suing after the Commission finishes. "The deadline for filing an action directly in the district court is ninety days after the complainant receives notice of the last action the commission will take on the complaint or charge" (Neb. Rev. Stat. 48-1120.01). The last action includes a final order after hearing, a reasonable-cause or no-reasonable-cause determination, and any other action ending the Commission's involvement, and the Commission must send notice of the 90-day deadline by certified mail, return receipt requested. The 90 days runs from that notice, not from the firing.

The NEOC says it is authorized to investigate violations of the equivalent federal laws (Title VII, the ADEA, the Equal Pay Act and the ADA) while investigating the state allegations. Our research did not find whether an EEOC right-to-sue notice by itself starts the Nebraska 90-day period, so do not let either 90-day window pass: a federal claim must be filed within 90 days of the EEOC notice, and a state claim within 90 days of receiving the NEOC's notice of its last action.

What a Nebraska court or the Commission can award

• After a Commission hearing: a cease-and-desist order and affirmative action that may include "reinstatement or hiring of employees, with or without backpay." Back pay "shall not accrue from a date more than two years prior to the filing of the charge with the commission," and interim earnings or amounts earnable with reasonable diligence reduce it (Neb. Rev. Stat. 48-1119(3)).
• In district court: "any successful complainant shall be entitled to appropriate relief, including temporary or permanent injunctive relief, general and special damages, reasonable attorney's fees, and costs" (Neb. Rev. Stat. 48-1119(4)). The section states no dollar cap and does not list punitive damages.
• On appeal from a Commission order: the district court "may allow the prevailing party reasonable attorney's fees as part of the costs" (Neb. Rev. Stat. 48-1120(2)).

Federal Title VII and the ADA cap combined compensatory and punitive damages at $50,000 to $300,000 depending on employer size (42 U.S.C. 1981a(b)(3)); the wrongful termination guide has the tiers.

The public-policy exception

Nebraska recognizes a narrow tort for discharges that violate a clear mandate of public policy. In Ambroz, the court allowed a claim by an employee fired for refusing to take a polygraph test, relying on the state's polygraph statute. In Schriner v. Meginnis Ford Co., 228 Neb. 85, 421 N.W.2d 755 (1988), the court quoted the standard that courts consider whether the conduct contravenes "the letter or purpose of a constitutional, statutory, or regulatory provision or scheme," and affirmed summary judgment for the employer on the facts there.

The court has applied the exception to:

• Workers' compensation claims: "we recognize a public policy exception to the at-will employment doctrine and allow an action for retaliatory discharge when an employee has been discharged for filing a workers' compensation claim" (Jackson v. Morris Communications Corp., 265 Neb. 423, 657 N.W.2d 634 (2003)). The court reasoned that the Workers' Compensation Act "presents a clear mandate of public policy." In Trosper v. Bag 'N Save, 273 Neb. 855, 734 N.W.2d 704 (2007), it extended the tort to retaliatory demotion. For benefits, see Nebraska workers' compensation laws.
• A statutory duty to report: in Wendeln v. Beatrice Manor, Inc., 271 Neb. 373, 712 N.W.2d 226 (2006), a firing tied to the reporting duty in the Adult Protective Services Act was actionable, and the court affirmed a verdict that included noneconomic damages.

Deadline. Wendeln held that a public-policy retaliatory discharge claim "is based in tort. Accordingly, such a claim is governed by the general 4-year statute of limitations period found in § 25-207," and that the Fair Employment Practice Act's 300-day limit does not apply to it. Neb. Rev. Stat. 25-207(3) sets four years for an injury to the plaintiff's rights not arising on contract.

Contracts and handbooks

A handbook can bind an employer. In Johnston, the court held that "if [handbook] provisions meet the requirements for formation of a unilateral contract, they may become enforceable," even when the handbook was issued after hiring. On the facts there, it rejected the argument that the handbook's "permanent employee" status after probation guaranteed a job until retirement or dismissal for cause. Oral or implied contract claims carry a 4-year limit (Neb. Rev. Stat. 25-206), and written contract claims 5 years (Neb. Rev. Stat. 25-205(1)).

Nebraska does not recognize a general implied covenant of good faith in firing. In Ambroz, the court quoted its earlier statement that "Except in cases where an employee is deprived of constitutional or statutory rights or where contractual agreements guarantee that employees may not be fired without just cause, the law in this state continues to deny any implied covenant of good faith or fair dealing in employment termination."

Other Nebraska firing protections

• Jury duty: a summoned juror "shall not be subject to discharge from employment, loss of pay, loss of sick leave, loss of vacation time, or any other form of penalty" for jury service, if the employee gives the employer reasonable notice; the employer may reduce pay by the juror compensation (other than expenses). A violation is a Class IV misdemeanor (Neb. Rev. Stat. 25-1674). The section states no civil remedy or deadline for the employee.
• Paid sick time: under the Nebraska Healthy Families and Workplaces Act, an employer may not take retaliatory personnel action, including a "threat, discharge, suspension, demotion, reduction of hours or pay, or other adverse action," against an employee or former employee for exercising or attempting to exercise sick-time rights, and an absence-control policy cannot count paid sick time as an absence that leads to adverse action (Neb. Rev. Stat. 48-3805(2)-(3), 48-3802(9)). The Act covers employers with eleven or more employees (Neb. Rev. Stat. 48-3802(4)), and the paid sick time requirements began October 1, 2025. The Department of Labor may impose administrative penalties of up to $500 for a first violation and up to $5,000 for a second or later one (Neb. Rev. Stat. 48-3808(2)). Enforcement is by the Department of Labor through citations (Neb. Rev. Stat. 48-3808). The enforcement section as amended in 2025 does not contain a private lawsuit provision, although the required workplace notice still refers to the right to "file a suit or complaint" (48-3806). The retaliation section states no filing deadline, so complain to the Nebraska Department of Labor promptly.
• Military service: Neb. Rev. Stat. 55-161 adopts specified parts of the federal USERRA, including its discrimination and reprisal section (38 U.S.C. 4311) and reemployment section (4312), as Nebraska law for all persons employed in the state. It covers state active duty, including a Nebraska worker in another state's National Guard called up by that state's governor, bars discharge without justifiable cause within one year after reinstatement, and is enforced by the Commissioner of Labor (Neb. Rev. Stat. 55-161(2)-(4)). Since LB150 (2025), military and veteran status are also protected classes under the Fair Employment Practice Act (48-1104(1)). Our research did not read the deadlines for these military claims.
• Voting: a registered voter who lacks two consecutive non-working hours while the polls are open may take enough time off to total two consecutive hours, without penalty or pay deduction, if the voter applies before or on election day; the employer may specify the hours (Neb. Rev. Stat. 32-922). The section does not state a discharge prohibition or a remedy. Separately, an employer who coerces employees in their voting or other political action, or threatens to fire them to influence it, commits a Class IV felony (Neb. Rev. Stat. 32-1537); the section states no civil remedy.
• Wage complaints: the Nebraska Wage Payment and Collection Act bars retaliation against an employee who files a suit or complaint under that Act, or who testifies, assists or takes part in an investigation, proceeding or action concerning a violation (Neb. Rev. Stat. 48-1235). An employee of an employer not covered by the Fair Employment Practice Act may sue for damages, costs and reasonable attorney's fees (Neb. Rev. Stat. 48-1231(2)). The section states no separate filing deadline.
• Volunteer emergency responders: an employer with ten or more employees may not fire or discipline a volunteer firefighter, rescue or ambulance volunteer, Civil Air Patrol member or state emergency response team member for being absent or late to respond to an emergency (Neb. Rev. Stat. 35-1402, 35-1403). Before relying on the Act, the employee must give the employer a written statement, signed by the head of the department, that the employee is a volunteer (35-1407). The employee must also make a reasonable effort to notify the employer of an absence (35-1405), and the employer may deduct the time from pay (35-1404). A wrongfully fired employee is entitled to reinstatement and lost wages, and must sue within one year after the violation in the district court of the county where the job is located (35-1408).
• Equal pay complaints: the Nebraska Equal Pay Act bars firing an employee for acting to enforce it or assisting enforcement (Neb. Rev. Stat. 48-1221(4)); the NEOC says it covers employers with 2 or more employees and that the filing deadline is 4 years.

Our research did not locate a Nebraska statute protecting off-duty conduct or barring firing for filing a workers' compensation claim (that protection comes from the Jackson tort). These were limited searches, so a protection missing from this list may still exist.

Whistleblowing

Nebraska has no private-sector whistleblower statute written for that purpose. Private employees rely on 48-1114(1)(c) (refusing or opposing an action unlawful under federal or state law, 15 or more employees, 300-day charge; the courts limit it to the employer's own unlawful practice, not a co-worker's) and the public-policy tort (4 years). For more, see Nebraska whistleblower laws.

Constructive discharge in Nebraska

Our research did not locate a Nebraska Supreme Court decision setting a test for constructive discharge (quitting because conditions became intolerable), so this page does not state one. If you resigned rather than being fired, ask a lawyer licensed in Nebraska how courts treat that.

Wrongful termination deadlines in Nebraska

On the federal deadline, the EEOC's Kansas City Area Office and St. Louis District Office both say an individual in Nebraska has "300 days from the date of alleged harm to file a charge" against an employer with 15 or more employees, and 300 days for age claims against an employer with 20 or more. Charges against smaller employers go to the state or local agency; under Nebraska law, the state charge deadline is 300 days (Neb. Rev. Stat. 48-1118(2)).

Where to file in Nebraska

• State discrimination and retaliation claims: the Nebraska Equal Opportunity Commission, which takes inquiries through an online form on its home page.
• Federal discrimination claims: the EEOC, through its Public Portal or at 1-800-669-4000 when a deadline is near. The EEOC says a charge filed with either the EEOC or a state agency it works with is automatically filed with the other.
• Public-policy tort and contract claims: directly in court.

Practical steps after a firing in Nebraska

Write down the date you were fired, who told you, the reason given, and any complaint, claim, report or jury summons involved, and keep the termination notice, reviews and the handbook. The 300-day NEOC and EEOC deadlines are the shortest common clocks; the 4-year tort deadline does not extend them. Our research did not locate a Nebraska statute that requires a private employer to give a written reason for a firing or to open a personnel file.

If the employer offers money in exchange for a release, read it before signing: a release can give up the claims described here. Our Nebraska severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Recent changes

• LB150 (2025): an omnibus bill approved by the Governor on June 4, 2025, added military or veteran status as a protected class under the Fair Employment Practice Act (48-1104 and related sections). Those sections became operative three calendar months after the 2025 session adjourned, not under the bill's emergency clause. The bill says the new class does not duplicate USERRA and does not require an employer to treat a servicemember absent from work differently from other absent employees.
• Paid sick time: the Healthy Families and Workplaces Act came from a 2024 voter initiative (Initiative Law 2024, No. 436), and LB415, approved June 4, 2025, amended it. Its paid sick time requirements began October 1, 2025.
• LB451 (2021): added the definition of race that includes hair texture and protective hairstyles (48-1102).

Related

• Wrongful termination laws by state
• Nebraska at-will employment laws
• Nebraska whistleblower laws
• Nebraska workers' compensation laws
• Nebraska severance pay laws

Disclaimer: This article provides general legal information about Nebraska wrongful termination law (the at-will rule, the Nebraska Fair Employment Practice Act, the Nebraska Age Discrimination in Employment Act, Neb. Rev. Stat. 25-1674, 48-3805 and related law) and the federal laws that apply in Nebraska. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Nebraska Equal Opportunity Commission, the EEOC, a legal aid office or a lawyer licensed in Nebraska.

Last updated: October 10, 2026.

Frequently Asked Questions

Is Nebraska an at-will employment state?

Yes. The Nebraska Supreme Court treats a job of indefinite duration as at will, limited by statutes, enforceable handbook or contract terms, and a very clear mandate of public policy (Johnston v. Panhandle Cooperative, 1987; Ambroz v. Cornhusker Square, 1987).

What is the deadline to file a discrimination charge in Nebraska?

A written charge must be filed with the Nebraska Equal Opportunity Commission within 300 days after the alleged unlawful employment practice (Neb. Rev. Stat. 48-1118(2)); age charges under the Nebraska Age Discrimination in Employment Act have the same 300 days (48-1008(2)). The EEOC's federal deadline in Nebraska is also 300 days.

Do I have to wait for the NEOC before suing?

No. Under Neb. Rev. Stat. 48-1119(4), a complainant may file directly in district court at any stage before the Commission dismisses the charge, which ends the Commission proceedings. The charge itself must still be filed within 300 days.

How long do I have to sue after the NEOC finishes?

90 days after you receive notice of the last action the Commission will take on the charge, such as a cause or no-cause determination or a final order (Neb. Rev. Stat. 48-1120.01). The Commission must send that notice by certified mail.

How many employees does an employer need for Nebraska discrimination law to apply?

15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year under the Fair Employment Practice Act, and 20 or more under the Age Act. The State and its political subdivisions are covered regardless of size (Neb. Rev. Stat. 48-1102(2), 48-1002(2)).

Can I be fired for filing a workers' compensation claim in Nebraska?

The Nebraska Supreme Court allows a tort action for retaliatory discharge when an employee is fired for filing a workers' compensation claim (Jackson v. Morris Communications, 2003), and it extended the claim to retaliatory demotion (Trosper v. Bag 'N Save, 2007).

Can I be fired for being gay or transgender in Nebraska?

The Nebraska Fair Employment Practice Act does not list sexual orientation or gender identity. Federal law does reach these firings: in Bostock v. Clayton County (2020), the U.S. Supreme Court held that firing someone for being gay or transgender violates Title VII, which covers employers with 15 or more employees; the EEOC charge deadline in Nebraska is 300 days. In Omaha, the city code bars discrimination because of sexual orientation and gender identity by employers with six or more employees, and a charge is due to the city's Human Rights and Relations Department within 180 days (Omaha Municipal Code 13-88, 13-89, 13-135).

Can I be fired for jury duty in Nebraska?

No. Neb. Rev. Stat. 25-1674 says a summoned juror who gives the employer reasonable notice shall not be subject to discharge, loss of pay or other penalty for jury duty, though the employer may reduce pay by the juror compensation. A violation is a Class IV misdemeanor.

Can I be fired for discussing my pay in Nebraska?

Neb. Rev. Stat. 48-1114(1)(d) bars discrimination because an employee inquired about, discussed or disclosed wages, benefits or other compensation, with an exception for employees who have access to others' pay data as part of their job. It does not cover discussing pay during working hours contrary to existing workplace policy or a specific contract term, telling a competitor about other employees' pay, or spreading the information to the general public (48-1114(2)); the Nebraska Supreme Court treats the working-hours exception as an employer defense (Khaitov v. Greater Omaha Packing Co., 2025).