FOR IMMEDIATE RELEASE
Zachary W. Anderson
Health Education & Law Project, Staff Attorney
Phone: 402-435-2161 x 323
Nebraska Supreme Court Clarifies Basic Rule Unemployed Workers Can’t Be Denied Benefits if No Evidence of Misconduct
(Lincoln, NE) In today’s ruling, the Nebraska Supreme Court reversed the district court’s opinion in Badawi v. Albin, protecting the rights of current and future employees in Nebraska. This opinion protects Nebraskans from being inappropriately denied unemployment benefits without evidence of misconduct. Legal Aid of Nebraska, Health Education & Law Project Attorney Zach Anderson argued on behalf of Saied Badawi.
“This law protects what employees deserve in the State of Nebraska. It offers protection for the people, rather than employers, which impacts so many when they’re in the most profound need for safety when unemployed,” Anderson said.
In the initial hearing, the employer did not attend. The court determined that Badawi would be awarded unemployment benefits, but only after completing a 14-week penalty of receiving no benefits.
Anderson took this judgment on behalf of Badawi to the Nebraska Supreme Court. They reversed the district court’s judgment, prompting new explicit case law in Nebraska protecting the rights of current and future employees regarding misconduct.
“The Nebraska Supreme Court explicitly determining that the burden of proof to show employee misconduct depends upon the employer iterates how necessary it is to protect all employed Nebraskans from receiving benefits they are entitled to, should they ultimately lose their employment,” Anderson said.
Legal Aid of Nebraska can assist with unemployment benefits denials, public assistance program denials (TANF, SNAP, Medicaid), disability benefit denials, and more. For more information, please visit legalaidofnebraska.org
To apply for assistance, call our Statewide AccessLine: 1-877-250-2016, Monday/Wednesday 8:30 a.m. – 11:30 p.m., Tuesday/Thursday 1 p.m. – 4 p.m. or apply for services online: lawhelpne.legalaidofnebraska.org
About Legal Aid of Nebraska: Legal Aid of Nebraska was established in 1963 and is the largest statewide non-profit civil legal aid provider in Nebraska, providing free high-quality services to low-income Nebraskans in all 93 counties. Legal Aid’s mission is “to promote justice, dignity, hope, and self-sufficiency through quality civil legal aid for those who have nowhere else to turn.” Legal Aid has offices in Lincoln, Omaha, North Platte, Norfolk, Grand Island, Scottsbluff, and Bancroft.