Iowa Wrongful Termination Laws

Iowa generally supports and aligns its wrongful termination statutes with federal laws such as the Labor Standards Act of 1938 as well as the Civil Rights Act of 1964. However, there are some supplemental protections allowed under Iowa state laws. In addition, Iowa’s wrongful termination violations are generally addressed in the local Iowa Civil Rights Commission rather than an EEOC office. And while Iowa is also an “at will” employment state, meaning that employers and employees have the right to terminate employment for all reasons other than those specifically spelled out in federal and local laws, wrongful termination or discrimination in the workplace is always a crime for which employees can file claims.

Iowa’s Specific Labor Laws

Iowa’s supplemental workplace protection and anti-discrimination laws, include the following:

Benefit	State Law	Additional Benefits
Right to Work	Yes
State Minimum Wage	No minimum wage applies for the first 90 days of employment; $6.20 or FLSA rate, if higher	Maximum tip credit 40%; minimum wage for tipped employees $3.09
State Military Leave	Yes	U.S. national guard, reserves, or civil air patrol leave does not affect vacation, sick leave, bonuses, or other benefits; guaranteed reinstatement to same or similar position upon proof of satisfactory completion of service and ability to perform former job.
Jury Duty	Yes	Unpaid leave
Voting	Yes	Paid leave, up to 3 hours combined with nonpaid time, if necessary; hours selected at employer’s discretion; leaves must be requested in advance in writing
Garnishment	Yes	Child support garnishment fee of $2 per deduction.
State Family & Medical Leave	Yes	Employers with 4 or more employees; all employees eligible; up to 8 weeks leave for pregnancy, childbirth, or legal abortion.
Arrest & Conviction Records	No
Discrimination	Yes	4 or more employees; age (18 or older); national origin; disability (physical or mental), HIV/AIDS; gender; pregnancy/childbirth; race; religion; genetic testing
Whistleblower	Yes	Public employees eligible for civil action for remedies if employer is not a supervisor or department head in executive branch of state government; for permanent employees, remedies are classified.
Plant Closings	No

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

Iowa Discrimination Laws

Federal laws provide basic protections against discrimination based on race, color, religion, sex or national origin. However, Iowa state laws provide additional protection which employees may pursue through the Iowa Civil Rights Commission according to the following guidelines:

The state does not allow employees to privately pursue discrimination claims for wrongful termination; they must be pursued through EEOC agencies or the state’s Civil Rights Commission.
Employees are not permitted to recover attorney’s fees from a defendant.
There is no statute of limitations specified in Iowa law

Filing a Claim for Wrongful Termination

The Iowa Civil Rights Commission pursues claims for wrongful termination through investigation, mediation and/or conciliation; however, if those methods don’t work, they will file a lawsuit when appropriate.

Legal Remedies for Wrongful Termination

There are a number of remedies employees may expect through agency claims or civil lawsuits, when allowed:

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

In addition, in Iowa the following specific penalties may be imposed upon employers who are found guilty of wrongful termination:

Jury duty – contempt of court, liable for lost wages for as much as 6 weeks, attorney’s fees, and reinstatement

Garnishment – failure to withhold child support results in misdemeanor charge for 1st offense, serious misdemeanor for additional offenses, liable for costs, interest, and attorney’s fees for collection of support; general garnishment, simple misdemeanor and contempt of court

Whistleblower – simple misdemeanor

The Iowa Civil Rights commission has primary jurisdiction over wrongful termination cases in the state. However, anyone who believes their rights have been abused in this area, especially in more complex cases, may want to consult with an employee rights attorney to ensure they are pursuing every means possible for remedies, reinstatement, or compensation.