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Can I terminate employees without violating employment laws in Idaho? What are the requirements?

Requirements for Termination of Employees in Idaho

In Idaho, employers can terminate employees subject to certain requirements [5.1]. The following are the requirements for termination of employees in Idaho:

  • Employers must pay all wages due to the employee upon termination of employment by either the employer or employee [5.1].
  • The employer must pay or make available at the usual place of payment all wages then due the employee by the earlier of the next regularly scheduled payday or within ten (10) days of such layoff or termination, weekends and holidays excluded [5.1].
  • If the employee makes written request upon the employer for earlier payment of wages, all wages then due the employee shall be paid within forty-eight (48) hours of the receipt of such request, weekends and holidays excluded [5.1].

Violation of Employment Laws

If an employer fails to comply with the provisions of Idaho employment laws, they shall be guilty of a misdemeanor [2.2].

Exemptions

There are certain exemptions to the requirements for termination. Elected officials and those included in the definition of section 67-5303 (j), Idaho Code, are ineligible for cash compensation or compensatory time for overtime work [7.1].

Other Relevant Idaho Employment Laws

  • Idaho law requires contractors or persons in charge of state, county, municipal, and school construction, repair, and maintenance work to employ 95% bona fide Idaho residents as employees on any such contracts except for procurement authorized in section 67-2808 (2), Idaho Code, or where under such contracts fifty (50) or less persons are employed the contractor may employ ten percent (10%) nonresidents [2.1].
  • Idaho law defines employees in public employment and their employers subject to the provisions of this law [3.2].
  • Idaho law limits the liability of the employer under this law to be exclusive and in place of all other liability of the employer to the employee, his spouse, dependents, heirs, legal representatives or assigns [3.4].
  • An employee who alleges a violation of Idaho employment laws may bring a civil action for appropriate injunctive relief or actual damages, or both, within one hundred eighty (180) days after the occurrence of the alleged violation of this chapter [6.2].

In summary, Idaho law allows employers to terminate employees subject to the requirement of paying all wages due to the employee upon termination. Failure to comply with Idaho employment laws may result in a misdemeanor charge. There are certain exemptions to the requirements for termination.

Source(s):
Jurisdiction

Idaho