Previously, we talked about wrongful termination in Washington. The rules in Idaho are similar, but not quite the same as in Washington. Here's a summary:
Idaho is an an at-will work state, like Washington (for more details, see our previous blog post about being an at-will employee: employment-law-101-what-is-at-will-employment.html). In general, both the employer and the employee have the right to end the employment relationship in an at will setting for no reason. Certain exceptions apply in Idaho, including, but not limited to: (1) presence of an employment contract; (2) unlawful discrimination; (3) violations of collective bargaining agreements for union employees; or (4) retaliation for asserting your rights as an employee. Since employment contracts are rare in most industries, we'll focus on unlawful discrimination.
Idaho follows federal law with regard to protected classes in employment -- groups of people who cannot be fired from a job simply because of his or her membership in that class with no other legitimate reason for the termination. Those protected classes include: age (over 40), race, color, national original, sex, pregnancy, religion, and disability. Employers with five or more employees must comply with these laws. Idaho employers can always fire an employee in one of these classes for cause, meaning the employee violated a company policy or law.
In Idaho, the Idaho Commission on Human Rights (IHRC) investigates claims of employment discrimination based on Idaho state law. Federal law discrimination violations are handled by the Equal Employment Opportunity Commission EEOC). If an employee in Idaho is alleging discrimination as the basis for his or her wrongful termination (or other negative employment decision, like failure to promote), she may be required to file a complaint with the IHRC, the EEOC, or both.
There are other instances in Idaho where an employee may have been wrongfully terminated, including filing for workers' compensation benefits, whisteblowing (reporting violations to a governmental agency), military leave, jury duty, and family and medical leave.
Employees: if you believe you have been wrongfully terminated in Idaho, talk to an employment attorney licensed in your state as soon as possible. Certain strict timelines exist for you to take action. The consultation with an employment attorney should be free. Employers: if you have questions about hiring and firing an employee who may be in a protected class, contact an Idaho employment attorney to avoid wrongful termination claims.
All blog posts are written by members of the GIANTlegal team, unless otherwise indicated. Information contained in our blog does not constitute legal advice, nor does it create an attorney-client relationship.