Idaho Law Blog
Scene from the TV series The Office:
Michael Scott:“Yeah, Ryan snapped at me. But there was this twinkle in his eye, that I picked up on, which said, ‘Dude, we’re friends. I’m doing this for appearances. I am the big boss now. And I have to seem like an ogre. But you know me, and you trust me and we like each other. And we’ll always be friends. And I would never take you for granted in a million years. And I miss you, man, and I love you.’. . . His words.”
Whenever I am speaking with a potential client about employment related issues, including misconduct, regardless of whether they are an employee or an employer, I always ask the same first question: “Is there a written employment contract?” In almost all employment cases in Idaho, including those involving employee misconduct on or off the clock, the law that applies to a situation will be controlled by either the existence, or the absence of, a written employment contract, so it is the logical place to begin.
Scene from the movie Atlantis: The Lost Empire
HELGA: You said we were in this together! You promised me a percentage!
COMMANDER
ROURKE: Next time, get it in writing.
Written employment contracts come in all shapes, sizes and forms. Some even have the unambiguous words “Employment Contract” typed in bold words at the top of the first page. But not all do. Under Idaho law there is no magic form that in and of itself is the only form that an employment contract must be in. For this reason, sometimes an employment contract exists and no one even knows that it does. For instance, e-mails, letters, conversations and especially an Employee Handbook are often the sources of creating a valid employment contract. This is important because the terms of an employment contract may control the outcome when an employee participates in misconduct.
Often in written employment contracts, the employer will also have a termination clause that allows termination “for cause.” When this exists, the employer may have the right to terminate the employee for any misconduct. However, this sometimes results in a dispute of whether the misconduct is of such a nature to trigger the “for cause” right of termination. The controlling language will be the contract’s definition of what “for cause” means. The best employment contracts will provide some examples, but will also include the language “including but not limited to” and “which is at all times left to the employer’s discretion.”
If you have questions about the conduct of an employee, 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.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.