Idaho Law Blog
I just read a recent post by a person complaining about Idaho’s Employment Laws and how they were so unfair and hard because this person’s daughter was terminated without cause, and she didn’t get any lunch break while she worked. This person had moved from California. They compared Idaho’s Employment laws to those in California and determined that Idaho’s laws were ludicrous and a joke because they offered no protection for the employees.
This person’s feelings are not uncommon. I often meet with potential clients, most of whom have lost their job, and have to explain to them that while what happened to them may not be fair or even morally right, it is not illegal under current federal or state law. Here are some of the basics that everyone should know about Idaho’s Employment laws.
1. IDAHO IS AN “AT WILL” STATE
Like most other states in the Union, Idaho is an “At-will” state. I find in talking with potential clients that most people misunderstand what the “At-will” law really is. The “At-will” law is really a two-edged sword and it’s important to make sure you understand both edges or both sides of the law.
Most employees understand only one edge of the sword, which is that the employer can fire them for any reason or no reason so long as it is not for an illegal reason. However, the other edge of the sword is that an employee who is dissatisfied with their job can leave at any time, for any reason or for no reason, without having any liability to the employer. In other words if there is no written contract stating what. Of time you will actually work for the employer, you are free to leave your employment and go to a better job at any time, for any reason, or even for no reason. This edge of the sword always leaves the employee in a position to accept a better job if and/or when a better job comes along.
If Idaho were not an “At-will” law state, the employee would not be able to leave at anytime. Rather, the employee would be stuck working for the employer and could not leave without some sort of arrangement, or joint agreement with the employer. So while it is true that under the “At-will” law, an employee can terminate you at any time, the balance of allowing you to leave it anytime makes the “At-will” law balanced between the employer and the employee.
2. IDAHO’S THRESHOLD REQUIREMENTS ARE LESS THAN FEDERAL LAW
The second thing that every person should know about Idaho unemployment line is that the threshold requirements are generally less than those that exist under current federal law. For example if a person wanted to make a claim for disability discrimination, they would have to prove that the employer employed 15 or more employees at any time during the given year. However, under current Idaho law that threshold is that the employer must have employed only 5 or more employees at any time during the given year.
Idaho Human Rights Act has adopted the federal law for all areas of discrimination including age, race or nationality, religion, disability, and gender. because of Idaho’s lower thresholds there are far more claims that can be made under Idaho law that can be made under current federal law. In other words, Idaho’s threshold requirements for allowing a claim to be made by an employee against an employer are more protective of the employee than is current federal law.
3. IDAHO’S RIGHT TO FILE CLAIMS LASTS LONGER THAN MOST STATES
An additional thing that most people should understand about Idaho law is that the right to file claims in Idaho lasts longer than it does in most other States. An employee has a right to file a claim of discrimination against an employer for 365 days after the last Act of discrimination. Additionally, if the employer wants to file federal claims against the employer they would have a 300 day period of time in which to do so in Idaho. In most other states the deadline for filing a claim under either state or federal law is only 180 days.
Idaho is one of the more generous States in providing time for employees to investigate what happened to them and to file a claim if they believe that either state or federal law has been violated.
Well it is true that both state and federal law still does favor the employer over the employee, Idaho’s laws are generally far more favorable to employees than most other states. If you have any questions about Idaho or federal employment law, 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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