55-161.01. Officers and employees of state; violation of rights; Commissioner of Labor; investigate; order; filing of action; order.

294 words·~1 min read·/ne/chapter-55/55-161-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any person who feels that his or her employment rights under the provisions of section 55-161 have been violated may file complaint with respect thereto with the Commissioner of Labor. Such complaint shall not be subject to formal requirements but shall be sufficient if it identifies the parties involved and the right or rights alleged to have been violated. The commissioner shall promptly investigate each such complaint and if he or she finds that the allegations thereof are true he or she shall issue his or her order to the offending party directing the granting to complainant of all his or her rights under section 55-161 , including the granting of backpay from the date the violation occurred.

If such order has not been complied with within ten days after its mailing, by registered or certified mail, the commissioner may file suit in the district court for the county in which the alleged violation occurred for a writ of mandamus ordering the granting of the rights wrongfully denied together with backpay from the date the violation occurred. Such suit shall be determined by the court as expeditiously as practicable. The court shall enter such order as the evidence shows to be appropriate, including, in cases of flagrant violations of rights, the removal from office or employment of the person or persons responsible therefor when such removal is permitted by the Constitution of the State of Nebraska.

In any such suit or in any appeal from the decision of the district court, the commissioner may employ private counsel with the written authorization required by subdivision

(5)of section 84-205 . A reasonable fee for such counsel shall be allowed by the court in any case in which a decision favorable to the commissioner is rendered.