Wrongful Termination & SSDI Benefits in Nebraska

Wrongful Termination & SSDI Benefits in Nebraska

Losing your job is devastating under any circumstances. When that termination is unlawful — and when you also live with a disability that limits your ability to work — the situation becomes far more complex. Many Nebraska workers don't realize that wrongful termination and Social Security Disability Insurance (SSDI) claims can intersect in ways that significantly affect their financial future. Understanding both areas of law is critical to protecting your rights.

What Constitutes Wrongful Termination in Nebraska

Nebraska is an at-will employment state, meaning employers can generally terminate workers for any reason or no reason at all. However, this broad authority has important exceptions. A termination becomes wrongful when it violates federal or state law, or breaches an employment contract.

Common grounds for wrongful termination claims in Nebraska include:

• Disability discrimination — Firing an employee because of a physical or mental impairment that substantially limits a major life activity, in violation of the Americans with Disabilities Act (ADA) or Nebraska's Fair Employment Practice Act (NFEPA)
• Retaliation — Terminating a worker for filing a workers' compensation claim, reporting safety violations, or requesting FMLA leave
• FMLA interference — Dismissing an employee for taking protected medical leave under the Family and Medical Leave Act
• Breach of contract — Violating the terms of a written employment agreement or employee handbook provision that limits grounds for termination
• Public policy violations — Firing someone for jury duty, military service, or whistleblowing on illegal employer conduct

If your employer terminated you while you were dealing with a serious health condition — or immediately after you requested a medical accommodation — that timing alone may be evidence of unlawful motive.

How Disability Discrimination Connects to SSDI Claims

Many Nebraska workers who apply for SSDI benefits do so after a disabling condition forces them out of the workforce. Sometimes that exit isn't voluntary. Employers occasionally push out employees with disabilities rather than accommodate them, which is precisely what the ADA prohibits.

The ADA requires employers with 15 or more employees to provide reasonable accommodations to qualified workers with disabilities, unless doing so would cause undue hardship to the business. Reasonable accommodations might include modified work schedules, remote work options, reassignment to a vacant position, or ergonomic equipment. An employer who skips the interactive accommodation process and simply fires a disabled worker may be liable for discrimination.

Here is where the legal complexity emerges: applying for SSDI requires you to assert that you are unable to engage in substantial gainful activity due to your impairment. Some employers argue this contradicts a wrongful termination claim in which you assert you were a qualified individual capable of performing your job with accommodation. Courts, including those in the Eighth Circuit that covers Nebraska, have addressed this apparent tension. The U.S. Supreme Court in Cleveland v. Policy Management Systems Corp. held that an SSDI application does not automatically bar a simultaneous ADA claim, provided the claimant offers an adequate explanation for the apparent inconsistency. An experienced attorney can help you navigate this carefully.

Filing a Wrongful Termination Claim in Nebraska

Before you can sue an employer for discrimination in federal court, you must exhaust administrative remedies. In Nebraska, that means filing a charge of discrimination with either the Equal Employment Opportunity Commission (EEOC) or the Nebraska Equal Opportunity Commission (NEOC). These agencies work cooperatively, so a charge filed with one is typically cross-filed with the other.

Critical deadlines apply. You generally have 300 days from the date of the adverse employment action to file an EEOC charge in Nebraska (a dual-filing state). Missing this deadline almost always results in losing your right to sue. Once the agency issues a right-to-sue letter, you have 90 days to file a federal lawsuit.

For claims under Nebraska's NFEPA, you must file with the NEOC within 300 days as well. State law claims may offer different remedies or procedural advantages depending on your circumstances, which is another reason consulting a Nebraska employment attorney early is essential.

Pursuing SSDI Benefits Alongside Your Employment Claim

The Social Security Administration evaluates SSDI applications through a five-step sequential process, assessing whether your impairment meets the duration requirement (expected to last at least 12 months or result in death) and whether it prevents you from performing past work or any other work in the national economy.

Nebraska residents applying for SSDI should understand that initial approval rates are low — often below 30 percent at the application stage. Most successful claimants go through reconsideration and an administrative law judge hearing before benefits are approved. This process can take two years or longer.

If your wrongful termination case settles or results in a judgment, that compensation may affect your SSDI claim in limited ways. For example, if back pay from an employment claim is allocated to a prior period, it could affect SSI (Supplemental Security Income) eligibility, though SSDI is generally not income-based. A coordinated legal strategy — with attorneys handling both your employment and disability claims — helps you avoid pitfalls and maximize total recovery.

What to Do If You Were Wrongfully Terminated in Nebraska

Acting quickly is essential. Begin by documenting everything you can recall about your termination, including the stated reason your employer gave, any prior accommodation requests you made, performance reviews, and communications with HR or supervisors. Preserve emails, text messages, and any written correspondence — do not delete these even if they are stored on a personal device.

Practical steps to take immediately include:

• Request a copy of your personnel file — Nebraska law does not mandate employer disclosure, but many will comply voluntarily and your attorney can compel production through litigation if needed
• Gather documentation of your medical condition, treatment history, and any communications about workplace accommodations
• Avoid signing any severance agreement or release of claims without first consulting an attorney — these documents can permanently waive your right to sue
• File for SSDI as soon as possible if your condition prevents substantial work, since benefits do not begin until five months after the established disability onset date
• Contact an attorney who handles both employment discrimination and Social Security disability cases in Nebraska

Nebraska workers with disabilities face an uphill battle on multiple fronts. The law provides real protections, but those protections only help people who assert them correctly and on time. A knowledgeable attorney can evaluate whether your termination was unlawful, assess the strength of your SSDI claim, and build a coordinated legal strategy that doesn't inadvertently undermine either case.

Need Help? If you have questions about your case, call or text 833-657-4812 for a free consultation with an experienced attorney.

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