Employment At-Will: Nebraska
Federal law and guidance on this subject should be reviewed together with this section.
Author: Marcia A. Washkuhn, Kutak Rock LLP
- Nebraska adheres to the employment at-will doctrine, based on decisions of the Nebraska state courts. The presumption of at-will employment means that employees who seek to establish the existence of an express or implied contract bear the burden of proof. See Employment At-Will Doctrine, Generally.
- Verbal promises by employers may create implied contracts in Nebraska, which could then bind employers to retain employees unless they have good cause to terminate. See Verbal Promises.
- Written provisions in employee handbooks may also form the basis for implied employment contracts, so long as the provisions measure up to contractual standards of Nebraska law. See Employee Handbooks.
- Nebraska courts generally prohibit employee terminations if the motivation for termination violates a "strong" public policy or a "clear mandate" of public policy. See Public Policy Exceptions.
- Nebraska courts do recognize the implied covenant of good faith and fair dealing as it pertains to employment relationships, but only as it applies to contractual agreements that require just cause for termination. See The Implied Covenant of Good Faith and Fair Dealing.
- Nebraska courts recognize tort claims for intentional infliction of emotional distress, defamation and tortious interference with a business relationship in the context of employment relationships. See Exceptions in Tort.