Employees who suffered a wrongful dismissal from employment have rights to pursue a case against their former employer. Wrongful termination in Idaho breaks a federal or state law and can cause financial and emotional harm to the fired worker. Employees wrongfully terminated from jobs will need to identify their cause of action before proceeding with a lawsuit.
- Types of Illegal Termination in Idaho
- Types of Legal Termination in Idaho
- At-will Employment Exceptions in Idaho
- File a Discrimination Charge with the Equal Employment Opportunity Commission in Idaho
- File a Lawsuit Against Your Employer in Idaho
What is a wrongful termination in ID? Employees wrongfully fired from jobs experienced employment termination for an illegal reason that violates a discriminatory law.
Wrongfully fired workers are also those with employers who retaliated against them, which is illegal grounds for dismissal. Unlawful termination due to either discriminatory and retaliation practices are reasons to file a claim against the employer.
Idaho Unemployment Resources
Types of Illegal Termination in Idaho
The types of unlawful terminations from employment in ID involve breaking either a federal or state employment law. A few of the types of illegal firings are when an employer dismisses an employee based on race, age, gender or religion.
Additional types of illegal termination of employment include an employer letting a worker go due to characteristics of ethnicity, disability or veteran status.
Types of unlawful terminations also include retaliatory actions from employers. These types of illegal dismissal of employment ensue when an employer terminates an employee because he or she has an open legal case against the employer, such as sexual discrimination or unfair work condition charge.
When one of these types of illegal terminations in Idaho transpire, an employee must identify the cause of action to begin the process of filing a claim against the employer.
Types of Legal Termination in Idaho
There are certain types of legal termination of employment that do not break any federal or state laws. Types of legal firing include letting an employee go based on poor performance or due to layoffs. Additional legal reasons for terminating employees in Idaho may include the ending of an employment contract or the closing of a business.
If one of these types of legal dismissal of employment occur, an employee may disagree with the decision, but the employer has not violated any laws. Since these types of legal termination in Idaho are not against the law, employees cannot seek further legal action against employers after being dismissed.
At-Will Employment Exceptions in Idaho
Is Idaho an at will state? Since exceptions to at-will employment exist in the state, residents may question Idaho’s at-will employment status. While at-will employment exceptions in Idaho exist, it is still an at-will employment state. Almost all states in the U.S. currently observe this law.
What is employment at will? The at-will employment doctrine allows employers and employees to terminate their relationship at any time, for any legal reason. By observing this law, all employers and employees agree to enter a working relationship at will.
The three exceptions to at-will employment are the public-policy exception (an employer cannot fire an employee if it violates a public policy), the implied-contract exception (if an implied contract is in place, an employee cannot be terminated) and the covenant of good faith and fair dealing exception (employers must act fairly and good faith, with no malicious intent toward employees).
Note: All three at will employment exceptions in Idaho are under recognition and observation by the state.
File a Discrimination Charge With the Equal Employment Opportunity Commission in Idaho
If you plan on filing a charge of discrimination in Idaho, it is important to file your claim with the Equal Employment Opportunity Commission (EEOC) immediately. There are strict deadlines to file a wrongful termination discrimination charge and claimants must complete it within 180 days of the dismissal. If you are questioning how to file an EEOC employment discrimination charge, your options include mailing a claim or contacting the office by phone.
After you follow the process for how to file a charge of employment discrimination, the EEOC will let you know if your case is valid and an investigation is pursue-able. Mediation between you and your previous employer may be the first recommendation by the EEOC, and this process can take approximately three months to complete.
If mediation is not the solution after you file a wrongful termination discrimination charge, the EEOC may attempt a voluntary settlement between both parties, which can take around 10 months to finish. If there is still no successful conclusion to the case, the EEOC will pursue a lawsuit against your former employer or will give you the Notice of Right to Sue your employer yourself.
File a Lawsuit Against Your Employer in Idaho
Can I file a lawsuit for wrongful termination? You can file a lawsuit against your employer in Idaho if you can prove you experienced discrimination or retaliation by your employer and have suffered an illegal dismissal. You can only look into suing for wrongful termination in Idaho once the EEOC has granted you the Notice of Right to Sue.
To file a lawsuit against employers for wrongful termination, you will need to pinpoint your cause of action and the violated law. Filing a wrongful termination claim against employer also means you will need to produce appropriate evidence to prove your claim, including workplace documentation and witness testimonials.
If you are questioning how to file a wrongful termination lawsuit that leads to success, you should consider hiring an employment attorney. A lawyer can help to ensure you are pursuing the proper cause of action and assist you in providing key evidence for a successful settlement of your case.