Employment Disputes & Wage Claims

There are many different legal issues which arise from a variety of employment disputes, including wrongful termination, harassment, wage claims, non compete agreements and worker’s compensation claims.

Wrongful Termination

Idaho is an at-will state, which means an employer can terminate an employee at any time for any reason, as long as the reason for the termination is not illegal. An employer cannot terminate an employee because of sex, disability, national origin, age or religion.  

The "at-will" doctrine does not apply if the employee has an employment agreement which sets forth a duration for the employment. If an employee has a contract for a term, or the employer has told the employee s/he will be employed for a term, the employer cannot terminate the employee during that term unless the employer has good cause.

Harassment

An employer cannot create a hostile work environment, and cannot otherwise discriminate in the workplace because of sex, disability, national origin, age or religion. If the environment is abusive to the point where it creates a hostile environment, and the employer is aware of this abuse and does nothing to prevent it, the employer may be liable.

Wage Claims

If an employee is owed wages, makes written demand for the wages, and is then forced to file a lawsuit, the employee may be awarded damages in the amount of the wage withheld, multiplied by three, plus attorney fees and costs. 

Non Compete Agreements

These agreements take a number of forms, including agreements that the employee cannot compete against the employer in the same business, or agreements that the employee cannot solicit former customers. The agreement must be specific to the actions that are prohibited, and must be reasonable regarding duration, geographic area, and scope of activity. If the agreement is unreasonable on any of these terms, it is unenforceable.

Worker's Compensation Claims

An employee who is injured on the job is entitled to have medical bills paid, in addition to benefits for lost time from work. This is a NO FAULT law, meaning the employer does not have to cause the injury, or be at fault for the injury. If the employee is injured while in the course and scope of his/her employment, s/he is entitled to worker’s compensation benefits. 

Hepworth, Lezamiz & Janis will provide you with a free consultation to determine whether going forward with an employment law claim will be in your best interests. If you feel you have an employment law claim, contact an attorney immediately. There are important time limitations on your claim.