81-2709 Employee; cause of action authorized; attorney's fees; presumption. - Nebraska Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-2709

81-2709. Employee; cause of action authorized; attorney's fees; presumption.(1) An employee aggrieved by the decision rendered pursuant to subsection (1) of section 81-2707 who has been or is about to be injured by a violation of section 81-2705 shall be entitled to maintain a cause of action pursuant to the Administrative Procedure Act for damages, reinstatement, backpay, and such other relief, including preliminary relief, as the court may deem appropriate. An employee who prevails in an action under this subsection shall receive reasonable attorney's fees incurred during the action.(2) In an action brought pursuant to subsection (1) of this section by an employee who establishes that a personnel action was taken against him or her after he or she submitted an allegation of wrongdoing or provided information to the Public Counsel, his or her investigators, employees, or agents, or an official in conjunction with a preliminary or formal investigation undertaken pursuant to section 81-2704, the personnel action shall be presumed to have been taken against such employee because of such allegation. Such presumption may be rebutted by appropriate evidence. SourceLaws 1993, LB 44, § 9. Cross ReferencesAdministrative Procedure Act, see section 84-920.

State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-2709

81-2709. Employee; cause of action authorized; attorney's fees; presumption.(1) An employee aggrieved by the decision rendered pursuant to subsection (1) of section 81-2707 who has been or is about to be injured by a violation of section 81-2705 shall be entitled to maintain a cause of action pursuant to the Administrative Procedure Act for damages, reinstatement, backpay, and such other relief, including preliminary relief, as the court may deem appropriate. An employee who prevails in an action under this subsection shall receive reasonable attorney's fees incurred during the action.(2) In an action brought pursuant to subsection (1) of this section by an employee who establishes that a personnel action was taken against him or her after he or she submitted an allegation of wrongdoing or provided information to the Public Counsel, his or her investigators, employees, or agents, or an official in conjunction with a preliminary or formal investigation undertaken pursuant to section 81-2704, the personnel action shall be presumed to have been taken against such employee because of such allegation. Such presumption may be rebutted by appropriate evidence. SourceLaws 1993, LB 44, § 9. Cross ReferencesAdministrative Procedure Act, see section 84-920.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Nebraska > Chapter81 > 81-2709

81-2709. Employee; cause of action authorized; attorney's fees; presumption.(1) An employee aggrieved by the decision rendered pursuant to subsection (1) of section 81-2707 who has been or is about to be injured by a violation of section 81-2705 shall be entitled to maintain a cause of action pursuant to the Administrative Procedure Act for damages, reinstatement, backpay, and such other relief, including preliminary relief, as the court may deem appropriate. An employee who prevails in an action under this subsection shall receive reasonable attorney's fees incurred during the action.(2) In an action brought pursuant to subsection (1) of this section by an employee who establishes that a personnel action was taken against him or her after he or she submitted an allegation of wrongdoing or provided information to the Public Counsel, his or her investigators, employees, or agents, or an official in conjunction with a preliminary or formal investigation undertaken pursuant to section 81-2704, the personnel action shall be presumed to have been taken against such employee because of such allegation. Such presumption may be rebutted by appropriate evidence. SourceLaws 1993, LB 44, § 9. Cross ReferencesAdministrative Procedure Act, see section 84-920.