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Summary of differences between federal and state regulations
The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.
Idaho law does not require a discharge notice or a reason for discharge.
State courts have recognized the concept of public policy exception to the at will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.
State courts have recognized the concept of an “implied contract” exception to the at will employment concept; that is, courts have found contractual obligations in an employer’s expressed written assurances that employees would only be discharged for cause, such as written representations of guidelines and policies found in employee handbooks.
The courts also recognize an exception of “an implied covenant of good faith and fair dealing,” meaning that employers are not allowed to fire an employee who has worked for the company for many years, or who is due to receive anticipated financial benefits or a retirement. The courts have said that employers must conduct themselves fairly and in good faith.
State
Contact
Idaho Commission on Human Rights
Regulations
Id. Stat. Title 44, §44-1509. Discharging or discriminating against employee’s asserting rights under minimum wage law prohibited.
No employer shall discharge or in any other manner discriminate against any employee:
(1) Because the employee has made complaint that he has not been paid wages in accordance with chapter 15, title 44, Idaho Code.
(2) Because the employee has caused to be instituted or is about to cause to be instituted any proceedings under or related to chapter 15, title 44, Idaho Code.
(3) Because the employee has testified or is about to testify in any proceedings under or related to chapter 15, title 44, Idaho Code.
Id. Stat. Title 44, §44-1704. Discriminatory payment of wages based upon sex prohibited.
(1) No employer shall discriminate between or among employees in the same establishment on the basis of sex, by paying wages to any employee in any occupation in this state at a rate less than the rate at which he pays any employee of the opposite sex for comparable work on jobs which have comparable requirements relating to skill, effort and responsibility. Differentials which are paid pursuant to established seniority systems or merit increase systems, which do not discriminate on the basis of sex, are not within this prohibition
(2) No person shall cause or attempt to cause an employer to discriminate against any employee in violation of this act.
(3) No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of this act.
Id. Stat. Title 45, §45-613. Discharging or retaliating against employees asserting rights under this chapter.
No employer shall discharge or in any other manner retaliate against any employee because that employee has made a complaint to the employer, or to the department, or filed suit alleging that the employee has not been paid in accordance with the provisions of this chapter, or because the employee has testified or may be about to testify in an investigation or hearing undertaken by the department. The provisions of this section shall not be construed to otherwise restrict the discipline or termination of an employee.
Id.Stat. Title 28, § 28-45-105. NO DISCHARGE FROM EMPLOYMENT FOR GARNISHMENT.
No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment arising from a regulated consumer credit transaction.
Id. Stat. Title 32, § 32-1211. Penalties for employers.
(1) An employer may not discharge, discipline, or refuse to employ an obligor on the basis of an income withholding order issued under this chapter. If an employer discharges, disciplines, or refuses to employ an obligor because of an income withholding obligation, the obligor shall have a cause of action against the employer.
Id. Stat. Title 44, § 44-1615. Retaliation Prohibited.
No farm labor contractor may discharge or in any other manner discriminate against an employee because that employee made a claim against the farm labor contractor pursuant to this chapter, testified or is about to testify in any proceedings brought pursuant to this chapter, or discussed or consulted with anyone concerning the employee's rights under this chapter.
Id. Stat. Title 46, §46-407. Reemployment rights.
(c) Any person who is reemployed under this section shall not be discharged without cause within one (1) year after such reemployment.
Id. Stat. Title 2, § 2-218. Employer Prohibited From Penalizing Employee For Jury Service — Penalty — Action By Discharged Employee For Lost Wages.
(1) An employer shall not deprive an employee of his employment, or threaten or otherwise coerce him with respect thereto, because the employee receives a summons, responds thereto, serves as a juror, or attends court for prospective jury service.
Id. Stat. Title 44, §44-2006. Coercion and Intimidation Prohibited.
It shall be unlawful for any person, labor organization, or officer, agent or member thereof, or employer, or officer or agent thereof, by any threatened or actual intimidation of an employee or prospective employee or his parents, spouse, children, grandchildren, or any other persons residing in the employee's or prospective employee's home, or by any damage or threatened damage to his property, to compel or attempt to compel such employee to join, affiliate with, or financially support a labor organization or to refrain from doing so, or to otherwise forfeit his rights as guaranteed by provisions of this chapter. It shall also be unlawful to cause or attempt to cause such employee to be denied employment or discharged from employment because of support or nonsupport of a labor organization by inducing or attempting to induce any other person to refuse to work with such employee.
Federal
Contacts
None.
Regulations
None.