FOR IMMEDIATE RELEASE
Media Contacts:
Jenna Hynek
Communications Coordinator
Cell: 402-506-3461
jhynek@legalaidofnebraska.org
Zachary W. Anderson
Health Education & Law Project, Staff Attorney
Phone: 402-435-2161 x 323
zanderson@legalaidofnebraska.org
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.
