Nampa, ID asked in Employment Discrimination and Employment Law for Idaho

Q: I was fired for threatening another employee (which never happened).

I was never given a chance to defend myself. One day I just receive a call saying I’m fired for violence in the workplace. No explanation. I had to advance this to the corporate offices just to get an idea of why. Now, they won’t let me have my personnel file. I know Idaho is right to work, but can I go after them for this?

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: You're correct that Idaho gave up union protection 30 years ago and loves its "Right to Work" philosophy. You have no "right" to your personnel file, it belongs to the company. However if you end up suing the employer, your attorney will immediately get a copy of your personnel file, as well as a copy of their "employee policy" file, which makes what was alleged, a "terminating event" for you. This is your only hope, to look in the "employee manual" and see what type of rights an employee gets when there is some kind of accusation. When a company asks me to write an employee manual for their company, I tell them that I will only charge for 1 hour because my employee manuals is very short and says:

You have the right to work here, until a supervisor or other authority says you don't.

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