Job Law in Idaho Falls

Thomsen Holman Wheiler, PLLC, is the one Idaho Falls attorney for help.

Employment Law in Idaho Falls and all of Idaho is necessary because Idaho is definitely an "employment at will" state. Which means that, in most cases, an employee could be discharged by his or her employer anytime without any reason, and the employer will incur no legal liability. At the same time, an employee can quit his or her employment at any time, for whatever reason, without incurring legal liability, even if this means leaving his or her employer in a real bind. This really is all part of our underlying freedom of association. ("Employment at will" isn't to be confused with "right to work." Idaho also is a "right to work" state, but this means that an employee can't be forced to join a union to be able to work for a given employer.)



Although employment at will may be the law of Idaho (and many other states), there are many important exceptions. For instance, an employee can't be fired or demoted, nor can an employer decline to hire someone, for a reason that is discriminatory. Federal law, including Idaho law, forbid discrimination in employment based on race, gender, religion, national origin, age and disability. Under the Age Discrimination in Employment Act for instance, if you are over 40 years of age, your employer cannot fire you or demote you, after which replace you with someone substantially younger, due to the fact you are too old. Within the Americans with Disabilities Act, if you have a hearing, vision, speech or other impairment, an employer cannot fire you, neglect to promote you or refuse to hire you merely because of that impairment. The employer must supply you with a reasonable accommodation if at all possible.



The Idaho Supreme Court has decided that employers cannot fire an employee for factors which infringe public policy. For instance, if you're injured on the job and file a worker's compensation claim, you can't be fired for doing this. If you "blow the whistle" on an employer's illegal conduct, you can't be fired for doing this either.



The Idaho Supreme Court has additionally stated that each employment contract contains an implied covenant of good faith and fair dealing. In case your employer fires you for taking sick leave or vacation time that you simply are entitled to, then this can be a breach of the implied covenant of good faith and fair dealing. If your employer fires you shortly before your retirement benefits vest, simply to ensure the employer to keep your retirement benefits for himself, then this might be a breach of the implied covenant of good faith and fair dealing.



Thus, despite the fact that law Idaho is an employee at will state, each employee has aright to fair treatment and to be free from discrimination. If you think that you've been discriminated against in your employment, you need to contact a employment lawyer in Idaho to go over your rights.