Idaho Law Blog
Opening scene from the movie Swordfish:
STANLEY (Referring to the changes to the movie Dog Day Afternoon, Gabriel just suggested) You know, this movie of yours, I don’t think it would have worked.
GABRIEL Really? How come?
STANLEY (shrugs) Audiences love happy endings.
GABRIEL Pacino escapes. With the money. They live happily ever after.
Stanley shakes his head.
GABRIEL No?
STANLEY No. Bad guy can’t win. It’s a morality tale. One way or the other, he’s gotta go down.
GABRIEL Oh, well. Life does tend to be stranger than fiction.
The world is not a perfect place. Sometimes the bad guy wins, the sun doesn’t shine and life doesn’t go on happily ever after. This is especially true when it comes to employees, employment and employers. The actions of employees, whether at work or off the clock, has a very real impact on their employers and as a result an impact in the world of employment.
Whatever the reasons, people sometimes do bad things, or dumb things, or both. Individuals often think that what they do when they are off the clock and not working is their own business and shouldn’t impact their job in any way. Employers also often think that they have no rights concerning employees who misbehave outside of work. This attitude is justified by applicable Idaho law which in most, but not all, cases does not provide much guidance on these issues.
However, it is important to understand that an employee’s conduct, even when not working, can and does have an impact on their employer and their job. Idaho is a “Right to Work” state. (See Idaho Code §§ 44-2001 et seq.) According to the Idaho Supreme Court, what this means is that “unless an employee is hired pursuant to a contract that specifies the duration of the employment or limits the reasons for which an employee may be discharged, the employment is at the will of either party and the employer may terminate the relationship at any time for any reason without incurring liability.” Sorensen v. Comm Tek, Inc., 118 Idaho 664, 666, 799 P.2d 70, 72 (1990); see also Metcalf v. Intermountain Gas Co., 116 Idaho 622, 624, 778 P.2d 744, 746 (1989). In fact, an employment contract is presumed to be at-will unless “the parties. . .agree to a contract term limiting the right of either to terminate the contract at will.” Atwood v. Western Constr. Inc., 129 Idaho 234, 237, 923 P.2d 479, 482 (Ct. App. 1996).
What this simply means is that when an employment contract does not exist, the employment is considered to be an “at will” contract and the employment relationship can be terminated by either the employer or the employee at any time, for any reason, so long as it is not for an illegal reason. This includes terminating an employee for their after work conduct.
So the simple answer is yes, an employer can terminate an employee, even for the after-work conduct of the employee. If you are an employer or an employee in Idaho and have questions about termination, 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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