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Employer Refusing To Pay Final Wages In Nebraska After Immediate Resignation.

Location: Omaha, Nebraska

Hi everyone,

I was doing contract work for a company performing medical evaluations. I recently resigned immediately because they tried to make me sign a contract that included a non-compete and non-solicitation clause I didn’t agree with. There was no written agreement before that, everything was based on prior email communication and pay per completed report.

After resigning, the owner told me they will not release my last paycheck until the remaining cases (which are waiting on outside diagnostic results) are completed. These results are completely out of my control, and I’ve been clear that I intend to finish the reports as soon as the results are available.

They also withheld my last two paychecks instead of just the last one.

From my understanding, Nebraska law requires final wages to be paid by the next regular payday after separation, regardless of pending work that’s outside my control. Withholding pay as leverage seems illegal.

I emailed them last week and did not receive a response. I was planning on emailing one more time if no response after five business days as a final try.

I’m planning to file a wage complaint with the Nebraska Department of Labor and request double the wages owed, since Nebraska allows liquidated damages for willful non-payment under Neb. Rev. Stat. § 48-1231.

My questions:

1. Am I correct that they must pay me on the next scheduled payday even if work results are pending? 2. Can I claim double wages under the Nebraska Wage Payment and Collection Act? 3. If they still refuse to pay, should I go straight to small claims or wait for the Department of Labor’s process to play out first?

submitted by /u/Throwawayguyxx333
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Employer Refusing To Pay Final Wages In Nebraska After Immediate Resignation.

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