Termination of an employee sometimes occurs when there is a breakdown in the relationship between that employee and his or her employer. Both employer and the employee have legal rights that govern the termination, and both sides need to understand these rights to make sure they are protected and the law is followed. At Racine Olson, our Idaho employment law attorneys have extensive knowledge of the termination process and the laws surrounding it.
In Idaho, the employment relationship is generally “at will.” This means that either the employer or the employee can end the employment relationship for any reason or no reason at all, as long as that termination does not violate the legal rights of the employee. Illegal reasons to fire an employee include discrimination against a protected class, retaliation for reporting an employer’s unlawful conduct, or backlash for the employee taking leave under the Federal Medical Leave Act (FMLA). If an employee has been fired for an illegal reason, a “wrongful termination” has occurred, and that employee may have legal remedies against his employer. In addition, if an employee is facing a workplace environment so hostile that he is forced to quit, he or she may have a cause of action under the “constructive discharge” doctrine.
Some employees are hired on a contractual basis, often for a fixed term. If a contract exists between the employer and employee, it may trump the default “at will” status of the employment relationship. It is essential for both parties to understanding how a contract affects their respective employment rights, including the ability to terminate the employee.
At Racine Olson, our employment lawyers have represented both employers and employees dealing with termination actions. Employment termination involves a complex combination of federal and Idaho state laws, and there are often strict deadlines for taking legal actions to act on your rights. Our seasoned employment attorneys have the skill and experience to navigate this intricate area of the law. Our lawyers include Lane Erickson, a partner who has received the highest possible rating of “AV” by Martindale Hubbell and from AVVO and JUSTIA for his ethics and legal ability. The Racine Employment Attorney Team also include Nolan Wittrock who has high ratings from clients and peers on AVVO and JUSTIA and are experienced in employment matters.
If you are an employer, you want to make sure you are taking the appropriate steps in ending the employer-employee relationship. You need to be sure you have a thorough understanding of the multifaceted laws governing termination. You must be careful to make certain that you are not firing an employee for an illegal reason. Our lawyers can guide you through this process, ensuring that you avoid any legal pitfalls that could lead to an employment lawsuit.
If you are an employee who has been fired or quit when facing an extremely hostile work environment, our employment law team can evaluate your situation to determine if you have a case for wrongful termination or constructive discharge. If you have been terminated illegally, you may be entitled to lost wages and other damages because the employer has violated your rights.
Whether you are an employer or employee, if you have a question about termination or any aspect of employment law, our Racine Olson employment team of attorneys is available to discuss your options and answer any questions you have. You can call us toll free at 877-232-6101 or 208-2326101 for a free consultation with our employment lawyers. You can also email us directly at email@example.com. We look forward to assisting you with your Idaho employment and labor law needs.