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Unemployment Benefits Attorney in Omaha and Lincoln Nebraska

What is Unemployment Insurance in Nebraska?
Unemployment Insurance is a program administered by the Nebraska Department of Labor that pays weekly benefits to insured workers who are unemployed or working reduced hours.

How do I file for Unemployment Benefits on the Internet in Nebraska?
Go to https://uibenefits.nwd.ne.gov/BPSWeb/jsp/BPSClaimantWelcome.jsp or http://www.dol.nebraska.gov/

How long do I have to work to qualify for Unemployment benefits in Nebraska?
To qualify for benefits you must meet the minimum monetary requirements of earning at least $2781.00 in the base period (first four of the last five completed calendar quarters, prior to when the claim is filed), with at least $800.00 in each of two separate base period calendar quarters. Example: If you file a claim in the first quarter (January, February or March) the base period would be the fourth quarter of the year before last and the first three quarters of last year.

Are there other requirements besides money that must be met to draw Unemployment benefits in Nebraska?
In order to qualify to receive benefits, an individual must be able to work; be available for work; and if not returning in the near future to their former employer, actively seeking work each week.

What is a disqualification?
Once an unemployment benefit claim is filed, if a person is determined to have quit a job voluntarily without good cause or to have been discharged from a job for misconduct, a temporary disqualification period may be imposed in addition to a reduction in total benefits payable. Either party that does not agree has the right to appeal.

How do I file an Unemployment Appeal?
Your appeal must be received at the Unemployment Claim Center within twenty (20) calendar days from the date of the Notice of Adjudicator's Determination. Appeals can be filed online, by letter, or fax. If you hire an attorney they will file the appeal for you. Send it to the Claim Center shown on the Determination. You must state the reason you wish to appeal and include your signature, Social Security number, claimant's name and/or employer's name, if applicable. Appeal hearings are free and a lawyer is not required, although you may be represented at your own expense. Hearings are conducted by telephone conference call or in person as determined by the Appeal Tribunal.

What if I need to file an appeal about my unemployment but it has been more than 20 days from the date of the Notice of Adjudicator's Determination? You, or an attorney on your behalf, can file a "Response to Show Cause Order" which should explain why you were not able to appeal during the 20 days after the decision was issued.

What if I would like witnesses to be present at my unemployment appeal hearing? Any witness that you are close to, or that is employed by you, may come with you and be present during the telephone hearing to testify. When you, or your attorney, return the Telephone Information Return Form you should indicate the witnesses you would like to call and their telephone numbers if they will not be with you.

For witnesses that you are not close to, you or an attorney on your behalf, can file a "Witness Subpoena" to request that the Tribunal issue a subpoena for a witness to testify at the appeal hearing. To have a subpoena issued, a request must be made at least FIVE DAYS before the hearing. An Administrative Law Judge will review the request and rule on whether or not the subpoena will be granted. An Administrative Law Judge may deny the subpoena based on whether or not a witness can provide relevant testimony or testimony that is material to the case. The Tribunal may also deny a subpoena should it request an excessive number of witnesses in a case.

What is misconduct that will bar an employee from reviving unemployment benefits?
If you are terminated for misconduct you are not eligible for unemployment benefits in Nebraska. "Misconduct" within the meaning of Neb. Rev. Stat. §48-628 (b) is a deliberate, willful, or wanton disregard of an employer's interest or the standards of behavior which the employer has a right to expect of his employees, or carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design. Bristol v. Hanlon, 210 Neb. 37, 312 N.W.2d 694 (1981). See also: Snyder Industries Inc. v. Otto, 212 Neb. 40, 321 N.W.2d 77 (1982), Barada v. Sorenson, 222 Neb. 391, 383 N.W.2d 799 (1986).

The term "misconduct" as used in Neb. Rev. Stat. §48-628(b) (Reissue 1988), has generally been defined to include behavior which shows:
(1) wanton and willful disregard of the employer's interests;(2) deliberate violation of rules; (3) disregard of standards of behavior which the employer can rightfully expect from the employee; or (4) negligence which manifests culpability, wrongful intent, evil design, or intentional and substantial disregard of the employer's interests or of the employees duties and obligations. Tuma v. Omaha Public Power District, 226 Neb. 19, 409 N.W.2d 306 (1979). See also: McCorison v. City of Lincoln, 215 Neb. 479, 339 N.W.2d 294 (1983), Stuart v. Omaha Packers, 213 Neb. 838, 331 NW 2d 544 (1983), Smith v. Sorenson, 222 Neb. 599, 386 N.W.2d 5 (1986).What conduct constitutes misconduct in a given case is a question of facts. Generally, a single act is not sufficient to fall within the definition of "misconduct;" nor is a series of acts, for example, if the employer tolerated those actions without warning the employee of possible consequences. Smith v. Sorenson, 222 Neb. 599, 386 N.W.2d 5 (1986).

While an employer has the right to expect an employee to follow the reasonable orders of the employer, a single act of misbehavior which is not gross or flagrant, would not normally be sufficient to disqualify an employee under the Employment Security law. Herrera v. Cornhusker Packing Inc., et al., District Court of Douglas County, Nebraska, Doc. 902 Page 539 (May 7, 1992).

Evidence insufficient to establish misconduct where claimant left training seminar early and did not return to the office. The court concluded these acts were better characterized as "poor performance" rather than misconduct because the claimant did not attempt to hide her behavior from the employer. Misrepresenting her time on her time card was misconduct but the employer did not opt to discharge the claimant at that time. Since the evidence did not show that any further misconduct occurred between the date of the time card event and the claimant's discharge approximately six weeks later, the Court found the employer failed to prove the claimant was discharged as the result of misconduct, stating "this court is puzzled as to why Martin was discharged on June 3, 2004." Southeast Nebraska Appliances, Inc. v. Martin, District Court of Otoe County, Nebraska, Doc. No. CI 04-236.

You can file for your benefits and an appeal here.

Unemployment Benefits Attorney in Omaha and Lincoln Nebraska

Madathil Law Office
Unemployment Benefits Attorney in Lincoln and Omaha Nebraska
Serving Omaha, Lincoln, and greater Nebraska including Cass, Otoe, Lancaster, and Douglas Counties

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Madathil Law Office, LLC
3800 VerMaas Place, Suite 200
Lincoln, NE 68510
Phone: 800-813-9060
Fax: 402-415-0635
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1625 Farnam Street #830
Omaha, NE 68102
Phone: 800-813-9060
Fax: 402-415-0635
Map and Directions