IDAHO EMPLOYMENT LAW
Employment Law or Labor Law includes many issues that arise in the employer-employee context, such as sexual harassment, wages and hours, discrimination at the workplace, wrongful termination, hiring and termination practices and disability law, among others. The Idaho Department of Labor deals with employment law complaints and cases.
The assistance of an Idaho employment attorney is crucial in certain employment cases because of the complex nature of the claim and the requirement for great amounts of evidence to prove the claim. Regardless of the kind of claim, however, it is advised that you seek advice from an Idaho employment lawyer for any concerns or questions you have.
Why Hire an Idaho Employment Attorney?
Federal and state laws are complexly interrelated in Idaho wrongful termination and employment law cases. This interrelation must be carefully researched and persuasively argued in order for you to succeed under Idaho employment law. An Idaho employment lawyer can help you explore this connection and can file your claim for unpaid wages, structure your discrimination complaint against your employer, and assist you in deciding whether or not your claim is valid and worth pursuing so you do not waste money and time. In addition, an Idaho wrongful termination attorney can be of particular use in communicating with an employee's former employer when an employee wishes to file a wrongful termination claim against his former employer but does not want the difficult task of dealing with him. Moreover, if you want to file a complaint with the Idaho Department of Labor, an employment lawyer can be useful in helping you do so and in explaining the benefits and rights to which you are entitled under Idaho employment law.
Wrongful Termination in Idaho
If a worker can quit his or her job whenever he or she wants the employment is "at-will" in under Idaho employment law. When employment is "at will" an employer can terminate a worker at any time, for any reason, so long as the reason is not illegal, or for no reason at all. However, if a worker has an employment contract that specifically lists potential reasons for termination, he cannot be fired for a reason not listed in the contract.
In Idaho, an employee can file a wrongful termination claim if his employer's reason for firing him was discriminatory or illegal. It is illegal in Idaho for an employer to fire a worker for:
Questions about wrongful termination should be directed to an Idaho wrongful termination attorney.
If an employer fires a worker based on a discriminatory factor, the termination is illegal under both Idaho and federal law. As such, if a person has the requisite experience for a position, but is either not hired or is fired because of, for example, a disability or his age (if over 40), it is illegal. Additionally, national origin, race, sex, and religion are considered discriminatory factors that may not be the basis for firing a worker. Get in touch with an Idaho wrongful termination attorney if you believe you have a case for wrongful termination and require assistance to file such a claim.
Employee Wage/Hour Concerns in Idaho
The minimum wage in Idaho is $7.25 an hour. This is the same as the mandated federal minimum wage. Idaho employees must be paid monthly and according to a regular pay schedule. You should file a “Wage Claim” with the Idaho Department of Labor if your employer has not paid you wages you have earned.
Employees in Idaho who work overtime (more than 40 hours worked each week) are entitled to time-and-a-half pay for the overtime hours they work. The federal Fair Labor Standards Act, enforced by the United States Department of Labor, Wage and Hour Division, requires overtime payments. Unlike claims for unpaid wages, claims for unpaid overtime should be filed with your local branch of the federal Wage and Hour Division.
Talk to an Idaho employment attorney if you want to file a claim for wages or overtime pay, and if you are uncertain how you should go about doing so.
Idaho Employment Benefits
It is not mandated by Idaho law that employers give their employees paid vacation, sick leave, healthcare insurance, or life insurance, but an employer may choose to do so at his discretion. Workers are also not entitled to meal or rest periods at work unless their employers' policy permits such breaks. Additionally, Idaho law does not require that employees be provided short-term disability benefits or paid maternity leave. However, federal law in the Family and Medical Leave Act (FMLA) requires that workers be given 12 weeks of unpaid maternity leave.
Idaho disability law encompasses the injuries or illnesses suffered by workers that are work-related or that come about because of accidents on the job. Idaho disability law does not, however, provide short term disability benefits for the injuries or illnesses developed by workers that are not related to their jobs.
If you have been injured or become ill on-the-job, you should contact an Idaho workers' compensation lawyer for help with filing your claim for workers' comp benefits in Idaho.
Idaho Employment and Labor Law Statutes
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