Employment Contract - At-Will - Nebraska

LEGAL NOTICE
This template is for general informational purposes only and is not legal advice. No attorney-client relationship is formed by its use. Nebraska counsel must review the employment facts, compensation plans, policies, and every optional rider before use.

AT-WILL EMPLOYMENT AGREEMENT

(State of Nebraska — Comprehensive Template)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Confidentiality, Work Product & Protected Activity
6. Separation & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties

This At-Will Employment Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

(a) [EMPLOYER LEGAL NAME], a [STATE OF ORGANIZATION] [ENTITY TYPE] with its principal place of business at [ADDRESS] (“Employer”); and

(b) [EMPLOYEE FULL LEGAL NAME], an individual residing at [ADDRESS] (“Employee”).

1.2 Recitals

A. Employer desires to employ Employee in an at-will capacity under the terms and conditions set forth herein.
B. Employee wishes to accept such employment and to perform services for Employer in accordance with this Agreement.
C. The parties intend for this Agreement to constitute their entire understanding with respect to Employee’s employment, superseding all prior oral or written agreements, offer letters, or policy statements, except as expressly preserved herein.

1.3 Consideration

The mutual promises contained herein, including without limitation Employer’s offer of employment and Employee’s performance of services, constitute good and valuable consideration, the sufficiency of which is hereby acknowledged.

1.4 Governing Law; Jurisdiction

This Agreement, and any claim, controversy, or dispute arising hereunder, shall be governed by and construed in accordance with the internal laws of the State of Nebraska, without giving effect to its conflict-of-laws principles. Forum selection and alternate dispute resolution are further addressed in Section 8.

2. DEFINITIONS

“Affiliate” means any entity controlling, controlled by, or under common control with Employer.

“At-Will Employment” has the meaning set forth in Section 3.7.

“Base Salary” means Employee’s annualized gross salary, exclusive of bonuses and Benefits, as specified in Section 3.3.

“Benefits” means those employee benefits for which Employee is eligible under Employer’s benefit plans, as detailed in Section 3.4.

“Cause” means (i) material breach of this Agreement or any written policy of Employer after written notice and a reasonable opportunity to cure if curable; (ii) willful misconduct, gross negligence, or material dishonesty in the performance of duties; (iii) conviction of, or plea of no contest to, any felony or any misdemeanor involving moral turpitude; or (iv) any act or omission that, in Employer’s reasonable judgment, materially harms or threatens to harm the reputation, business, or financial standing of Employer.

“Confidential Information” means all non-public information pertaining to Employer or its Affiliates, including trade secrets, customer data, pricing, business plans, financial data, and proprietary technology, whether disclosed orally, visually, electronically, or in writing, and whether or not marked confidential.

“Person” means any individual, corporation, partnership, limited liability company, trust, unincorporated organization, governmental authority, or other entity.

3. OPERATIVE PROVISIONS

3.1 Position and Duties

(a) Title: [JOB TITLE].
(b) Reporting to: [SUPERVISOR TITLE].
(c) Duties: Employee shall devote full working time, attention, and best efforts to the business of Employer, performing the duties customarily associated with the position and such other lawful duties as may be assigned.

3.2 Work Location

Primary work location shall be [LOCATION], subject to reasonable travel as is customary for the position.

3.3 Compensation

(a) Base Pay: $[AMOUNT] per [PAY PERIOD], less deductions and withholdings permitted by law.

(b) Regular Payday: [DATE / SCHEDULE]. Employer will pay all wages due on regular designated or agreed paydays under Neb. Rev. Stat. § 48-1230(1). Employer will give at least 30 days' written notice before altering regular paydays.

(c) Wage Statement: On each regular payday, Employer will provide the wage statement required by § 48-1230(2), including Employer identity, paid hours when required, wages earned, and deductions.

(d) Bonus or Commission: [DESCRIBE THE PLAN, EARNING CONDITIONS, CALCULATION, AND PAYMENT DATE, OR STATE “NONE.”] A separate plan controls only if identified here and provided to Employee.

3.4 Benefits

Employee may participate in benefit plans and leave policies for which Employee is eligible, subject to their controlling terms and applicable law. Under Neb. Rev. Stat. § 48-1229(4) and (6), agreed fringe benefits can constitute wages when the stated earning conditions are met; earned but unused vacation leave is included in wages due at separation. Other paid leave is payable at separation only when the controlling agreement specifically requires it.

3.5 Expense Reimbursement

Employer shall reimburse Employee for reasonable and necessary business expenses incurred in the performance of duties, in accordance with Employer’s expense policy and upon submission of proper documentation.

3.6 Policies and Handbook

Employee acknowledges receipt of, or access to, Employer’s employee handbook and policies, which may be amended from time to time at Employer’s discretion. Employee agrees to comply with such policies, provided that no such policy shall modify the at-will nature of Employee’s employment unless set forth in a separate, duly executed agreement signed by the Chief Executive Officer.

3.7 At-Will Employment; Termination

(a) The employment has no specified term. Either Party may end it at any time, with or without advance notice or stated cause, subject to controlling law and any express provision of this Agreement that is identified as surviving separation.

(b) A handbook, policy, oral statement, or course of dealing does not promise employment for a definite term. Any change to at-will status must be in an express written agreement signed by Employee and Employer's [AUTHORIZED OFFICER].

3.8 Notice of Termination

Either Party may communicate separation effective immediately. Any requested transition notice is a professional courtesy and does not authorize forfeiture of earned compensation or an automatic damages award.

3.9 Deductions

Employer may deduct, withhold, or divert wages only when state or federal law permits or requires it, a court orders it, or Employee has signed a written agreement authorizing it, as § 48-1230(1) provides. This Agreement is not authorization for a particular deduction.

4. REPRESENTATIONS & WARRANTIES

4.1 Employee Representations

Employee represents, warrants, and covenants to Employer that:
(a) Employee is free to enter into and fully perform this Agreement without breach of any prior obligation to any third party;
(b) Employee is not subject to any non-competition, non-solicitation, or similar covenant that would conflict with Employee’s duties under this Agreement;
(c) Employee will not use or disclose to Employer any confidential or proprietary information belonging to a third party without authorization.

4.2 Employer Representations

Employer represents and warrants that it is duly organized, validly existing, and in good standing under the laws of its jurisdiction of organization and has full power and authority to enter into and perform this Agreement.

4.3 Survival

The representations and warranties set forth in this Section 4 shall survive termination of this Agreement.

5. CONFIDENTIALITY, WORK PRODUCT & PROTECTED ACTIVITY

5.1 Confidentiality

Employee will use Confidential Information only for Employer's lawful business and protect it from unauthorized disclosure while it remains confidential. Confidential Information excludes information Employee can document became public without Employee's breach, was lawfully known without a confidentiality duty, or was lawfully received from a third party without a confidentiality duty.

5.2 Protected Reports and Communications

Nothing in this Agreement prohibits or requires advance notice or approval for Employee to make a good-faith report to a government agency or official, participate in an investigation, file or participate in an agency charge, testify truthfully, comply with legal process, discuss terms or conditions of employment to the extent protected by law, or consult Employee's attorney. This Section does not authorize unlawful access to information.

5.3 Work Product

Employee assigns to Employer the Work Product created within the scope of Employee's duties and specifically described in [IP SCHEDULE / INVENTIONS RIDER]. Employee will sign reasonable documents needed to confirm the assignment, at Employer's expense. Pre-existing and excluded material must be listed in [SCHEDULE]. Any broader invention assignment must appear in a separately signed rider reviewed by Nebraska counsel.

5.4 Federal Trade-Secret Immunity Notice

Under 18 U.S.C. § 1833(b), an individual is not criminally or civilly liable under federal or state trade-secret law for disclosing a trade secret (a) in confidence to a federal, state, or local government official, directly or indirectly, or to an attorney, solely to report or investigate a suspected legal violation; or (b) in a complaint or other document filed under seal in a lawsuit or other proceeding. An individual suing an employer for retaliation may disclose the trade secret to the individual's attorney and use it in the proceeding if filings containing it are made under seal and disclosure otherwise occurs only by court order. The statute's definition of employee includes contractors and consultants.

5.5 Post-Employment Restraints

This base Agreement imposes no post-employment noncompetition, customer or employee nonsolicitation, or noninterference covenant. Any proposed restraint must appear in a separately signed rider that identifies the protected interest, covered activities, duration, and territory and is reviewed by Nebraska counsel under current law.

5.6 Return of Property

On request or separation, Employee will return Employer property, subject to lawful record-retention, protected-reporting, and litigation-preservation rights.

6. SEPARATION & REMEDIES

6.1 Separation Notice

Either Party may end employment as Section 3.7 provides. The separation notice should identify the effective date and Employee's current address or agreed payment method for final wages.

6.2 Final Wages

(a) For an Employer other than a political subdivision, unpaid wages become due on the next regular payday or within two weeks after termination, whichever is sooner, under Neb. Rev. Stat. § 48-1230(4)(a). The rule applies whether Employer or Employee ends the relationship.

(b) Employer will include earned but unused vacation leave and other agreed compensation that qualifies as wages under § 48-1229. Paid leave other than earned but unused vacation is payable at separation only when a controlling agreement specifically requires it.

(c) Political-subdivision employers must use the separate governing-body schedule in § 48-1230(4)(b).

6.3 Wage Claims

An employee with wages unpaid for 30 days after the regular payday may bring a claim under § 48-1231. The remedies and fee rules in the current statute control; this Agreement does not predetermine either Party as prevailing or waive any statutory condition or defense.

6.4 Other Remedies

Each Party may pursue proven damages and relief authorized by controlling law or an enforceable agreement. This Agreement does not establish irreparable harm, waive a bond or defense, guarantee injunctive relief, or authorize withholding earned wages as a contract remedy.

7. RISK ALLOCATION

7.1 Responsibility for Conduct

Each Party remains responsible to the extent provided by applicable law for that Party's own fraud, willful misconduct, and material breach. Employee has no general duty under this Agreement to defend or indemnify Employer. An Employer claim against Employee does not itself authorize a wage deduction.

7.2 Limitation of Liability

No contractual cap applies to earned wages, promised benefits, discrimination or retaliation remedies, statutory damages or penalties, attorneys' fees, or liability that cannot lawfully be waived or limited. Any negotiated cap for a distinct commercial obligation must appear in a separately signed rider reviewed by Nebraska counsel.

7.3 Insurance

[OPTIONAL: “Employer will maintain workers' compensation and other insurance required by applicable law.”]

7.4 Emergencies

An emergency does not excuse wage payment or another duty that controlling law makes nonwaivable.

8. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement shall be governed by the internal laws of the State of Nebraska.

8.2 Forum Selection

For claims the Parties may lawfully confine to a judicial forum, they consent to jurisdiction and venue in the state courts located in [COUNTY], Nebraska. Nothing restricts access to a government agency or a forum that controlling law makes available.

8.3 Arbitration (Optional Separate Rider)

Arbitration applies only if both Parties sign a separate rider identifying covered claims, preserving agency access and nonwaivable remedies, allocating costs lawfully, and providing a neutral process. Nebraska counsel must review the rider under current state and federal law.

8.4 Jury Trial Waiver (Optional Separate Rider)

Any jury waiver must appear in a separately signed rider reviewed by Nebraska counsel and applies only to the extent lawful and enforceable.

8.5 Injunctive Relief (Limited)

A Party may request narrowly tailored provisional or permanent relief but must prove every requirement imposed by applicable law. This Agreement creates no presumption of harm or entitlement to equitable relief.

9. GENERAL PROVISIONS

9.1 Amendment and Waiver

No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. No failure or delay by either party in exercising any right shall operate as a waiver thereof.

9.2 Assignment and Delegation

Employee may not assign any rights or delegate any obligations under this Agreement without Employer’s prior written consent. Employer may assign this Agreement to any successor by merger, consolidation, reorganization, or sale of substantially all of its assets, provided that any such successor assumes Employer’s obligations hereunder.

9.3 Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and permitted assigns.

9.4 Severability

If a provision is held invalid or unenforceable, it will be severed or enforced only to the lawful extent permitted by the controlling tribunal, and the remainder will continue in effect. This clause does not require a tribunal to rewrite a provision or post-employment restraint.

9.5 Integration / Entire Agreement

This Agreement (including any exhibits or schedules hereto) constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, and representations, whether written or oral.

9.6 Notices

All notices under this Agreement shall be in writing and shall be deemed given when delivered personally, by certified mail (return receipt requested), by recognized overnight courier, or by email with confirmation of receipt, to the addresses set forth in Section 1.1 (or such other address as either party may specify by notice).

9.7 Counterparts; Electronic Signatures

The Parties may sign counterparts and may use an accepted electronic-signature process to the extent they consent and applicable law permits.

9.8 Headings

Headings are for convenience only and shall not affect interpretation.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

[OPTIONAL NOTARY BLOCK – include only if required by company policy or desired for evidentiary purposes.]

EXHIBIT A – JOB DESCRIPTION

[Attach duties, reporting lines, and performance expectations.]

EXHIBIT B – BONUS / COMMISSION PLAN

[Attach or identify the controlling plan, if any.]

SCHEDULE – PRE-EXISTING AND EXCLUDED MATERIAL

[List material Employee identifies as pre-existing or excluded.]

Sources and References

• Neb. Rev. Stat. § 48-1228 — Nebraska Wage Payment and Collection Act
• Neb. Rev. Stat. § 48-1229 — definitions of wages and fringe benefits
• Neb. Rev. Stat. § 48-1230 — paydays, deductions, wage statements, and final wages
• Neb. Rev. Stat. § 48-1231 — wage claims and fee rules, amended by 2026 LB 847 effective July 18, 2026
• Nebraska Department of Labor — Worker Rights and Wages FAQ
• 18 U.S.C. § 1833 — trade-secret immunity and notice

This template is for informational purposes only and does not constitute legal advice. Nebraska counsel must review and customize it before use.