Wrongful Termination & SSDI Rights in Nebraska

Wrongful Termination & SSDI Rights in Nebraska

Losing your job is devastating under any circumstances. When you are also living with a disability and depend on Social Security Disability Insurance (SSDI) benefits, an unlawful termination can create a financial and legal crisis that affects every aspect of your life. Nebraska workers have meaningful protections against wrongful termination, particularly when disability is a factor — and understanding those rights is the first step toward protecting yourself.

What Constitutes Wrongful Termination in Nebraska

Nebraska is an at-will employment state, meaning employers can generally terminate employees for any reason or no reason at all — unless that reason violates state or federal law. Wrongful termination occurs when an employer fires a worker for an illegal reason. Common unlawful grounds for termination in Nebraska include:

• Discrimination based on a disability, in violation of the Americans with Disabilities Act (ADA) or the Nebraska Fair Employment Practice Act (NFEPA)
• Retaliation for filing a workers' compensation claim
• Retaliation for applying for or receiving SSDI benefits
• Termination for taking protected medical leave under the Family and Medical Leave Act (FMLA)
• Discrimination based on race, sex, age, religion, or national origin

When a disability is the underlying cause of a termination — or when an employer uses a disability as a pretext to push an employee out — Nebraska and federal law provide strong remedies. The Nebraska Equal Opportunity Commission (NEOC) enforces state anti-discrimination laws alongside the federal Equal Employment Opportunity Commission (EEOC).

How SSDI Status Can Intersect With Your Job

Many workers applying for or receiving SSDI benefits are still employed part-time or in limited capacities. The Social Security Administration allows SSDI recipients to engage in work activity below the Substantial Gainful Activity (SGA) threshold — currently set at $1,550 per month in 2024 for non-blind individuals. Some employees work reduced hours due to their disabling condition while still maintaining employment.

This creates a vulnerable position. An employer who learns you are receiving SSDI benefits may wrongly assume you are incapable of performing your job or that your employment is a liability. If your employer terminates you because of your SSDI status, your disability, or your need for reasonable accommodations related to that disability, you may have a viable wrongful termination claim. Firing someone because they receive government disability benefits or because of the underlying medical condition causing that disability is illegal discrimination.

Additionally, if you were terminated and your dismissal was the reason you had to apply for SSDI in the first place, the circumstances of your termination could become relevant in your disability claim — particularly in establishing the onset date of your disability and your work history.

The ADA and Reasonable Accommodation Requirements

Under the Americans with Disabilities Act, employers with 15 or more employees must provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship to the business. Nebraska's NFEPA applies to employers with six or more employees, extending these protections to workers at smaller companies across the state.

A reasonable accommodation might include modified work schedules, remote work options, reassignment to a vacant position, or adjustments to physical workspace. Before terminating an employee with a disability, an employer is legally required to engage in an interactive process — a good-faith dialogue to determine whether any accommodation would allow the employee to continue performing the essential functions of the job.

If your employer skipped this interactive process and fired you without exploring accommodations first, that failure alone can constitute wrongful termination. Document every conversation you had with HR or management about your medical condition, any accommodation requests you made, and how the company responded.

Steps to Take After a Wrongful Termination in Nebraska

If you believe you were wrongfully terminated — especially in connection with a disability or SSDI claim — acting promptly is critical. Deadlines in employment discrimination cases are strict and unforgiving.

• File a charge with the NEOC or EEOC: In Nebraska, you generally have 300 days from the discriminatory act to file a charge. Missing this deadline can bar your claim entirely. The NEOC and EEOC have a worksharing agreement, so filing with one agency typically covers both.
• Preserve all documentation: Save emails, performance reviews, disciplinary records, termination letters, and any communications related to your disability or accommodation requests. These records are essential evidence.
• Request your personnel file: Nebraska law gives employees the right to inspect their personnel files. Request a copy immediately after termination before records can be altered or lost.
• Identify witnesses: Colleagues who witnessed discriminatory comments, unequal treatment, or the termination itself can provide valuable testimony.
• Consult an attorney: Wrongful termination cases involving disability discrimination are legally complex. An experienced Nebraska employment attorney can evaluate your claim, navigate the administrative process, and pursue litigation if necessary.

If your SSDI claim is also pending or was recently denied, coordinating your employment attorney with your disability attorney — or finding counsel experienced in both areas — can significantly strengthen both cases.

What Damages You May Recover

Successful wrongful termination claims in Nebraska can result in substantial compensation. Depending on the facts of your case, you may be entitled to:

• Back pay: Lost wages and benefits from the date of termination to the resolution of your case
• Front pay: Compensation for future lost earnings if reinstatement is not feasible
• Compensatory damages: Payment for emotional distress, humiliation, and other non-economic harm caused by the discriminatory termination
• Punitive damages: In cases involving especially egregious employer conduct, additional damages designed to punish the employer
• Attorney's fees and costs: Federal anti-discrimination laws allow prevailing employees to recover their legal fees

Nebraska workers should also be aware that reinstatement — returning to your former position — is a potential remedy in these cases, though many employees understandably prefer front pay instead given the hostile circumstances that led to their firing.

The strength of your case depends heavily on the evidence available, the size of your employer, the timing of your termination relative to when you disclosed your disability or filed for SSDI, and other facts specific to your situation. A qualified wrongful termination attorney can honestly assess the merits of your claim after reviewing the details.

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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