Mollring v. Nebraska Dept. of Health & Human Servs.
983 N.W.2d 536
Neb.2023Background
- Scott Mollring was hired by the Nebraska Department of Health and Human Services in August 2018 as a teacher and worked under successive individual teaching contracts (2018–19 and 2019–20 school years, plus a 2020 summer session and a 2020–21 contract).
- Mollring’s employment was governed by the State Code Agencies Teachers Association (SCATA) collective bargaining agreement, which provided that the first two years of employment are a probationary period and may be terminated without cause per Neb. Rev. Stat. § 79-845.
- DHHS terminated Mollring effective July 2, 2020, citing the probationary provision; no cause was stated.
- Mollring grieved, arguing that “two years” in § 79-845 meant two school years (which he had completed), so he could not be terminated without cause; DHHS argued it meant two calendar years (which he had not completed).
- The State Personnel Board and then the Lancaster County district court agreed with DHHS. The Nebraska Supreme Court reviewed statutory interpretation and affirmed, holding “two years” means two calendar years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether “the first two years of the employment” in Neb. Rev. Stat. § 79-845 means two school years or two calendar years | Mollring: “two years” = two school years; he completed two school years, so termination required cause | DHHS: “year” should be read as calendar year; probationary period = first 2 calendar years from hire | Court: “year” means calendar year (per Neb. Rev. Stat. § 49-801 and plain-meaning rules); Mollring had not completed 2 calendar years, so termination without cause was permitted; judgment affirmed |
Key Cases Cited
- Gelco Fleet Trust v. Nebraska Dept. of Rev., 312 Neb. 49 (2022) (standard of review for judicial review under the Administrative Procedure Act)
- In re Estate of Koetter, 312 Neb. 549 (2022) (statutes in pari materia should be construed together to determine legislative intent)
- Echo Group v. Tradesmen Internat., 312 Neb. 729 (2022) (statutory language receives its plain and ordinary meaning; no interpretation if unambiguous)