S-20-0361 Tom Christopherson v. Nebraska Department of Health and Human Services, et al.
Lancaster County District Court, Hon. Susan I. Strong
Attorneys: Ryan M. Kunhart, Gretchen L. McGill (Dvorak Law Group, LLC, for Appellant); James A. Campbell, Solicitor General (Office of the Attorney General, for Appellee)
Civil: Employment; Nebraska Administrative Procedures Act
Proceedings below: On April 16, 2020, the district court issued its order and determined an award of front pay was not appropriate in the Appellant’s grievance of discipline because the Board did not possess equitable powers, including the ability to award front pay. The court determined that, even if the Board did have equitable powers, the Appellant was not entitled to front pay because he did not prove that reinstatement was not appropriate. The district court affirmed the Board’s decision based on these findings.
Issue on Appeal: Whether the district court erred in 1) finding that the Board did not have the power to award front pay to the Appellant; 2) finding the Board did not have general equitable powers; 3) finding Appellant was not entitled to front pay; 4) finding there was not the requisite level of hostility present to render reinstatement impracticable or impossible; 5) finding reinstatement was feasible; 6) not determining that Appellant properly mitigated his damages; and 7) not determining that Appellant was entitled to front pay in the amount of $167,145.10.