Idaho Wrongful Termination Laws

Any employee who believes they have been the victim of wrongful termination has several options by which they can pursue remedies under both federal laws such as the  Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964, plus additional state laws to supplement and expand those protections.  In most states, claims are filed through EEOC state offices, however, in Idaho, they can be filed through the Idaho Commission on Human Rights.  Because Idaho is an “at will” state, both employees and employers have the right to terminate employment for any reason except those specifically outlined in federal and state laws, but those laws allow claims through state agencies as well as through civil lawsuits with the help of an employee rights lawyer.

Idaho’s Specific Labor Laws

In addition to federal laws, there are a number of supplemental state laws, which include the following:

*These laws change often, so consult state statutes for the most up-to-date information.

Idaho Discrimination Laws

Federal laws protect the basic rights of race, color, religion, sex or national origin for employees in Idaho, but there are state statutes that provide additional protections.  If those rights are abused, employees may file a claim with state agencies or in civil court, with the help of an employee rights attorney according to the following guidelines:

• Employees are permitted to file private lawsuits for wrongful termination.
• Employees are not permitted to recover attorney’s fees from a defendant.
• Statute of limitations is 1 year

Filing a Claim for Wrongful Termination

Those who are victims of wrongful termination may file a claim with the Idaho Commission on Human Rights, which, if they deem the case valid, will pursue the following procedures:

• Investigation
• Mediation/Conciliation
• File a lawsuit, when appropriate

If the employee is not compensated or chooses not to file a claim with a state agency first, they may pursue a private law suit for remediation. 

Legal Remedies for Wrongful Termination

Employees may expect any or all of the following remedies from state agencies or personal civil lawsuits:

• Reinstatement
• Reinstatement of benefits and seniority
• Back pay
• Compensation for stress and suffering
• Punitive damages to prevent further abuses by the employer
• Mandated policy changes to protect other employees in that company
• Possibly court costs and attorney’s fees

Idaho employers who fail to abide by federal or state employment standards for hiring and firing may face the following penalties: 

Jury duty – criminal contempt of court, carrying a fine of up to $300 plus liability for three times the amount of lost wages to the employee.

Garnishment – fines of up to $300; reinstatement of employee; liability for two times the amount of employee’s lost wages plus additional damages, court costs, and attorney’s fees.

Whistleblower – civil fines of up to $500

Employees victimized by wrongful termination have great leeway in Idaho to file a claim in state agencies or to file a personal lawsuit in civil court with the assistance of an employee rights attorney. 

Local Resources

Idaho Commission on Human Rights

• Boise, ID
• 208-334-2873
• http://humanrights.idaho.gov/