S-24-0581 Bakhodir Khaitov (Appellant) v. Greater Omaha Packing Co., Inc. (Appellee)
Appeal from the District Court for Douglas County, Judge Peter C. Bataillon
Attorneys: Michael L. Moran and Adam P. Smith (McGrath North Mullin & Kratz, PC LLO for Appellant) and Daniel J. Fischer (Koley Jessen P.C., L.L.O. for Appellee)
Civil: Nebraska Fair Employment Practices Act (NFEPA)
Proceedings below: Appellant filed a complaint against Appellee pursuant to the NFEPA. After trial, a jury awarded Appellant $660,000, but the district court granted Appellee’s motion for directed verdict and vacated the jury’s verdict and award. Appellant petitioned to bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and ordered that this case be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred when it found that Appellant’s November 27, 2020, discussion with Davis was not statutorily protected conduct under Neb. Rev. Stat. § 48-1114(1)(d) because it took place during Appellant’s defined “working hours” and was therefore excluded from protection pursuant to Neb. Rev. Stat. § 48-1114(2)(e); and 2) The district court erred when it concluded Neb. Rev. Stat. § 48-1114(2)(e) was not an affirmative defense that Appellee waived through its failure to plead or raise the defense before trial.