Nebraska Association
of Public Employees

Hastings Member Prevails in Wrongful Termination Grievance

NAPE/AFSCME member Tyler Tomaszkiewicz recently prevailed in a grievance after being wrongfully terminated from his employment at the Youth Rehabilitation and Treatment Center in Hastings.

The Department of Health and Human Services (DHHS) terminated Tyler’s employment based on an allegation that he failed to submit a single document by its deadline. DHHS violated our union contract because the discipline was not progressive and did not reflect the nature and severity of the alleged infraction. 

What’s more, Tyler had approved reasonable accommodations under the Americans with Disabilities Act (ADA). These accommodations included a weekly meeting with his supervisor to discuss priorities and how to improve at his position, consistent enforcement of program rules and regular communication on the rationale, and specific and concrete feedback.

These accommodations were not being met, which Tyler said hindered his ability to successfully execute his duties.

“I had been doing pretty well until my manager stopped following my ADA accommodations,” he said. “It was stressful not having those accommodations be considered.”

Not only did DHHS not consider the nature and severity of the alleged offenses, but the agency also failed to apply progressive discipline and failed to appropriately accommodate Tyler.

“I didn’t remotely feel that termination was appropriate because when my accommodations were being met, my work was satisfactory,” he said. “Accommodations are meant to help us succeed — and they do when they’re actually being followed.”

NAPE/AFSCME successfully argued that Tyler was wrongfully terminated. He was awarded back wages and benefits. If you ever need assistance ensuring your ADA accommodations are being met, or if you feel you’re facing unjust discipline or wrongful termination, contact us right away!

Nebraska Association of
Public Employees