What does it mean to be an at-will employee in Idaho?

By Joseph G. Ballstaedt

Let’s suppose that Jimmy works at Generic Burger Joint in Idaho and is a picture-perfect employee. He always arrives at work on time, can whip out a Generic Burger every thirty seconds, and is great with customers. More importantly, revenues have doubled since Jimmy started working. But one day, Jimmy arrives at work five minutes late. He explains to his boss that his car broke down and that he had to run ten miles to work. Jimmy’s boss believes him, but nonetheless fires him. Doesn’t this sound unjust? Yes, it probably is.

Let’s take it even a step further. Let’s suppose that Jimmy is not five minutes late for work—or ever late—and does absolutely nothing wrong and everything right, but out of the blue on day, his boss decides to fire him for no reason at all. Is this okay? Is it legal? Well, it is neither fair nor rationale, and it certainly isn’t a good business decision, but it isn’t illegal under Idaho law. This is because Jimmy is an at-will employee.

In Idaho (and most states), nearly every employee is an at-will employee, which is defined as an employee who has no contract with the employer establishing how long the employment relationship will last or limiting the reasons the employee can be fired. Without such a contractual agreement, the employer can fire the employee at any time for any reason or no reason at all, so long as it isn’t an illegal reason. At-will employees may feel they have little or no rights, but just as they can be fired at any time, they are free to leave at any time and for any reason or no reason at all.

The illegal reasons for firing an at-will employee are generally based on a protected class. Under federal law, most employers cannot fire an employee due to the employee’s gender, race, national origin, religion, age (employees who are 40 years or older), disability, or genetic information. Also, employees who report legal violations or other types of health and safety violations at work cannot be fired.

If you are an Idaho employer or employee who has questions about employment and labor laws, contact one of our employment and labor lawyers at Racine Olson. We can help solve your problem.

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