Mollring v. Health and Human Services

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Mollring v. Health and Human Services

Case Number
S-22-0133
Call Date
November 1, 2022
Case Time
9:00 AM
Court Number
Lancaster
Case Location
Lincoln
Court Type
District Court
Case Summary

S-22-0133 Scott Mollring (Appellant) v. Nebraska Department of Health and Human Services, Nebraska Department of Administrative Services, Nebraska State Personnel Board, and the State of Nebraska (Appellee)

Appeal from the District Court for Lancaster County, Judge Susan I. Strong on appeal thereto from the Nebraska State Personnel Board

Attorneys:  Nicholas J. Welding (Norby & Welding for Appellant) and James A. Campbell (Attorney General’s Office for Appellee). 

Civil:  Administrative Procedure Act and Employment. 

Proceedings below:     The trial court affirmed Nebraska State Personnel Board decision which upheld the termination of Appellant’s employment with Nebraska Department of Health and Human Services.  On appeal and on its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred to its docket.

Issues: On appeal, Appellant makes the following assignments of error:  1. The District Court erred in finding that the probationary employment period of teachers employed by DHHS extends two calendar years and not two school years under NEB. REV. STAT. § 79-845 (Reissue 2014). 2. The District Court erred in finding that Mollring was a probationary employee at the time of his termination despite completing two school years of employment with DHHS. 3. The District Court erred in dismissing Mollring’s Petition for Review and affirming the Personnel Board’s decision which upheld the termination of Mollring’s employment.

Schedule Code
SC