Justia Nebraska Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the district court determining that social media posts directed toward local public figures from a public account of an officer of a local bank did not constitute misconduct in connection with work disqualifying the employee from unemployment benefits, holding that the district court did not err.The posts at issue were not sent from the employee's work, during work hours, or using the employer's equipment and did not contain information obtained in the capacity as an employee, mention the employee's position at the bank, or refer to coworkers or customers. The Department of Labor determined that the employee was disqualified for benefits for the week in which the discharge occurred plus fourteen weeks because he had been discharged for misconduct. The Appeal Tribunal reversed, holding that the employer's social media policy was insufficient to transform the employee's personal social media postings into misconduct connected with his work. The district court affirmed. The Supreme Court affirmed, holding that Defendant did not commit misconduct connected with his work, and therefore, the district court properly found that he was not disqualified for unemployment benefits. View "Pinnacle Bancorp v. Moritz" on Justia Law

The Supreme Court reversed the judgment of the compensation court concluding that a claimant who sustains injuries along the same extremity sustains an injury to a single member for workers' compensation purposes, holding that the compensation court's decision was based on an incorrect interpretation of Neb. Rev. Stat. 48-121(3).Claimant injured her right wrist and right elbow upon falling at work. Claimant filed a claim for benefits, asserting that the workers' compensation court should award her permanent disability benefits based on her loss of earning capacity. At issue was section 48-121(3), which provides for discretionary loss of earning capacity where there is a "loss or loss of use of more than one member of parts of more than one member[.]" The compensation court refused to consider an award based on the loss of earning capacity because "an injury to the wrist and the elbow of the same arm is still an injury to a single member and does not entitle an employee to a loss of earning power.” The Supreme Court reversed, holding that the compensation court erred in its interpretation of section 48-121(3). View "Espinoza v. Job Source USA, Inc." on Justia Law

The Supreme Court affirmed the order of the district court granting summary judgment in favor of Defendant, Millard Public Schools, and dismissing Plaintiff's action brought under the Nebraska Wage Payment and Collection Act (NWPCA), Neb. Rev. Stat. 48-1228, holding that the district court did not err.Defendant underpaid Plaintiff, a public school teacher, for several years. In 2018, the salary error was discovered, and Defendant corrected Plaintiff's salary retroactive to the start of the 2018-19 year. Relying on a provision in the collective bargaining agreement (CBA) stating that any errors found in salutary "shall only be corrected retroactive to the beginning of the year in which the error was discovered." Plaintiff brought this suit, alleging that he had an individual statutory right to payment under the NWPCA and that this right could not be waived. The district court granted summary judgment for Defendant. The Supreme Court affirmed, holding that the district court did not err in determining that the compensation sought by Plaintiff was not "wages" as defined under the NWPCA and that the terms of the CBA on which the district court relied were not against public policy. View "Hoagbin v. School District No. 28-0017" on Justia Law

The Supreme Court affirmed the judgment of the district court denying the petition and application filed by the State of Nebraska, Department of Health and Human Services (DHHS) to vacate an arbitration award resulting from a labor dispute and confirming the award, holding that the district court did not err.On appeal, DHHS argued that the arbitrator exceeded his powers under DHHS' labor contract the Nebraska Association of Public Employees, Local #61 of the American Federation of State, County, and Municipal Employees and that the district court erred in finding that the arbitrator did not exceed his powers. The Supreme Court affirmed, holding (1) whatever insufficiency existed in the findings of fact and conclusions of law, DHHS was instrumental in bringing about that insufficiency; and (2) the district court did not err by finding that the arbitrator did not add to or modify the labor contract and concluding that the arbitrator did not exceed his powers. View "State v. Neb. Ass'n of Public Employees" on Justia Law

The Supreme Court affirmed the order of the district court that affirmed the decision of the Nebraska State Personnel Board upholding the termination of Scott Mollring's employment as a teacher for the Nebraska Department of Health and Human Services, holding that there was no error.On appeal, Mollring argued that the district court erroneously determined that because he had not completed two calendar years of employment at the time of his dismissal, he was a probationary employee who could be terminated without cause. The Supreme Court affirmed, holding (1) the district court did not err in concluding that "two years" under Neb. Rev. Stat. 79-845 means two calendar years, and cause was not required; and (2) the court correctly determined that Mollring was still in the probationary period and that his employment could be terminated without cause. View "Mollring v. Neb. Dep't of Health & Human Services" on Justia Law

The Supreme Court affirmed the judgment of the district court finding that the exclusivity provisions of the Nebraska Workers' Compensation Act (the Act), Neb. Rev. Stat. 48-101 to 48-1,117 barred the claim of an employee of the Nebraska Department of Correctional Services that the Department violated the Nebraska Fair Employment Practice Act (NFEPA), Neb. Rev. Stat. 48-1101 to 48-1125, holding that the district court lacked jurisdiction over the employee's NFEPA action.Plaintiff was injured while participating in mandated self-defense training and sought and received workers' compensation benefits from the time she was injured. After Plaintiff was unable to find a position with the Department that would accommodate her physical restrictions she brought this action against the Department for wrongful termination on the basis of her disability, in violation of NFEPA. The district court granted summary judgment for the Department on the basis of the exclusivity provisions of the Act barred Plaintiff's NFEPA claim as a matter of law. The Supreme Court affirmed, holding that the district court correctly determined that it lacked jurisdiction over Plaintiff's NFEPA claim. View "Dutcher v. Nebraska Dep't of Correctional Services" on Justia Law

The Supreme Court reversed the judgment of the district court affirming the determination of the Nebraska Department of Labor that Appellant was disqualified from receiving unemployment benefits for fourteen weeks after his employment at JBS Swift Beef ended because he was discharged for misconduct, holding that remand was required.In his appeal to the district court, Appellant argued that the appeal tribunal erred in finding that he was disqualified from receiving unemployment benefits because he was discharged for misconduct and in thus imposing a fourteen-week benefit disqualification upon him. The district court affirmed. The Supreme Court reversed, holding that there was no competent evidence to support the district court's finding that JBS met its burden to prove Appellant was discharged for misconduct. View "Badawi v. Albin" on Justia Law

The Supreme Court reversed the judgment of the compensation court denying James Spratt's request seeking to modify his workers' compensation award, holding that the compensation court erred in holding that it lacked the statutory to do so and, alternatively, that the principal of finality precluded relief.Spratt injured his back while working for Crete Carrier Corporation and received a workers' compensation award granting medical rehabilitation services for his lumbar back. Spratt subsequently requested that the compensation court modify the original award so that he may receive thoracic back treatment. The compensation court denied Spratt's request for modification. The Supreme Court reversed, holding (1) the compensation court erred in concluding that it lacked the power to modify the original award to treat Spratt's thoracic back; and (2) modification was not precluded by the law-of-the-case doctrine. View "Spratt v. Crete Carrier Corp." on Justia Law

The Supreme Court affirmed in part as modified and reversed in part the judgment of the district court finding that the City of Bellevue, Nebraska unconstitutionally impaired its contractual obligations and ordering the City to insert certain language into the document governing the retirement plan, holding that the district court erred in part.After the City increased the amount it regularly deducted from its police officers' paychecks to fund their retirement plan, a group of officers and their union (collectively, Plaintiffs) filed suit, alleging that the City had violated the Contracts Clauses and Takings Clauses of the state and federal constitutions. The district court granted the motion in part, finding that the City unconstitutionally impaired its contractual obligations and ordering the City to insert certain language into the retirement plan. The Supreme Court affirmed in part and reversed in part, holding (1) the district court's order should be modified to remove the language in question; and (2) the district court made a legal error by finding that Plaintiffs were not the prevailing parties. View "Abbott v. City of Bellevue" on Justia Law

The Supreme Court affirmed the judgment of the district court denying West Corporation's motion for judgment notwithstanding the verdict and motion for a new trial after the jury found that West breached contracts with a former employee, Kenneth Marr, holding that there was no reversible error on the part of the district court.A few months after his resignation from West, Marr brought this action alleging that he was contractually entitled to compensation that West had refused to pay. The jury entered a verdict in favor of Marr, finding West liable for damages in the amount of $400,540. The Supreme Court affirmed, holding that there was no prejudicial error in the district court's evidentiary rulings and that the district court did not err in denying West's motions for judgment notwithstanding the verdict and for a new trial. View "Marr v. West Corp." on Justia Law