Idaho Law Blog
The termination of an employee will be controlled by either an existing employment contract or Idaho’s “at will” doctrine. However, regardless of which of these applies to the employment relationship, it is illegal for an employer to terminate an employee in violation of public policy.
According to the Idaho Supreme Court, the right to discharge an at-will employee may be limited by considerations of public policy, such as when the motivation for the firing contravenes public policy. Jackson v. Minidoka Irrigation Dist., 98 Idaho 330 333, 563 P.2d 54, 57 (1977). Public policy of the state of Idaho is found in its constitution and statutes. Boise-Payette Lumber Co. v. Challis Independent School Dist. No. 1 of Custer County, 46 Idaho 403, 268 P. 26 (1928). The public policy expressed therein may serve as a basis for finding an exception to the employment at-will doctrine. See generally, 82 Am.Jur.2d Wrongful Discharge § 19, at 692 (1992). The determination of what constitutes public policy sufficient to protect an at-will employee from termination is a question of law. Quiring v. Quiring, 130 Idaho 560, 566, 944 P.2d 695, 701 (1997).
The public policy exception to the employment at-will doctrine has been held to protect employees who refuse to commit unlawful acts, who perform important public obligations, or who exercise certain legal rights or privileges. Sorensen v. Comm Tek, Inc., 118 Idaho 664, 668, 799 P.2d 70, 74 (1990). The public policy exception to the employment at-will doctrine limits the employer’s right to discharge an employee without cause when the discharge would violate public policy. Mallonee v. State, 139 Idaho 615, 621-622 (Idaho 2004).
In Idaho, there are only a few public policy exceptions that an employer needs to be aware of which makes it easy to avoid a claim for wrongful termination. These are set forth in the Sorensen case citied above and in some additional cases. See, Thomas v. Medical Ctr. Physicians, P.A., 138 Idaho 200 (2002), and Hummer v. Evans, 129 Idaho 274 (1996).
Generally speaking, based upon the cases cited above, in Idaho it is a violation of public policy to terminate an employee for:
- Refusing to commit perjury;
- Filing a worker’s comp claim;
- Refusing to date a supervisor;
- Compliance with a Court Ordered Subpoena;
- Serving on jury duty;
- Engaging in legal union activities outside of employment hours; and
- Reporting safety violations or illegal conduct to the appropriate authority;
If you are an employee or an employer and are concerned about the public policy exceptions to Idaho’s “at will” doctrine, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Employment Law attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Employment Law questions and will help you solve your Idaho Employment Law problems.
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