Employment Lawyers Can Answer Your Employment Law Questions
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
This is an unfortunate situation,
Nebraska is an at will state, and an employer can terminate any employee at anytime, except if it violates an employment contract, or is based upon an employees protected civil rights,
In your case, the termination is clearly unjustified,
however legal action will be difficult, unless you can show the actions of the employer were based upon your age, race, gender, or some other protected right,
even if in the policies they are using to show that I was irresponsible in regards XXXXX XXXXX license does not say that the license has to shop up on the DHHS website by midnight of the day of the deadline? And I have documentation that my license was never in lapse?
If the employer has a contract or policy with you that states you cannot be terminated without cause, you can sue them for a wrongful discharge, and at that point you can fight the license issue and win,
however, if you do not have a contract that states the above, in Nebraska you cannot sue an employer for a termination,
If they defame you to others, by claiming you violated your license requirements,
you can sue them for defamation,
In my employee counseling summary the behaviors that it states I showed were "tardiness, carelessness and reckless behavior" not the best adjectives that an RN would like describing them.
If they spread this to future employers or to others, you may have a strong defamation case,
So basically there really isn't anything that I can do? Even if this termination has an affect on my nursing license? I honestly am not sure how much they share with future employers I have worked for this organization since before I graduated with my RN. So the last place I worked before here was a restaurant......
If they try to defame you, or if you provide a negative reference, your only legal option is a defamation lawsuit,
In terms of challenging the termination, that is difficult in Nebraska, as it is an at will State, and the law allows an employer to terminate any employee for any reason
ok, the negative reference is one of the things I am worried about.
Well that just sucks.
You should hire an attorney now and have them send a Cease and Desist letter threatening a defamation lawsuit, if they state unsubstantiated information about you to future employers,
that would stop them,
I am not 100% sure at this time about an employer policy or contract about termination without just cause, however I do remember that there is a 90 probation period where I could have been dismissed with out cause, basically through out the new employee orientation period, but beyond that I am unsure.
You may want to ask HR or look into this matter,
if they have a policy that states employees can only be terminated for cause,
you can sue them for a wrongful termination
If you have any further questions please do not hesitate to ask.
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Thank you I will do some checking into things.
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