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Idaho Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Idaho on
Q: Are there a specific number of days an employer must wait before rehiring someone to fulfill a laid off position?

I was laid off with 10 coworkers. Our employer said they were closing the business due to financial reasons. They then reopened 4 days later. 41 days later they hired a person to do the same job we were doing. Is this legal?

0 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Idaho on
Q: Is it considered sexual harassment if a coworker tries to force their way into a bathroom already occupied by someone?

I'm in the process of being fired after making a report about another coworker who had tried forcing themselves into the bathroom I was occupying, other things reported were increasingly hostile and offensive comments and actions made by the coworker in the last 3 weeks. I'd made the... View More

2 Answers | Asked in Employment Law, Immigration Law, Business Formation and Business Law for Idaho on
Q: Can I work for my company from a different state if it's incorporated in Delaware?

I live in Idaho, under a STEM OPT and I am incorporating an LLC (with a board to show employee-employer relationship). However, my company will be incorporated in Delaware as it's tech based.

Can I operate in Idaho if my company is registered in Delaware, and to which state will my... View More

Robert Alex Fleming
Robert Alex Fleming
answered on Jan 5, 2024

Generally, the location of your company's registration does not restrict where it can operate. You would have to register the Delaware company in Idaho.This acknowledges that your business, originally formed in Delaware, will be conducting business in Idaho. It's a common procedure for... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Idaho on
Q: Human rights in space

In the distant future when corporations have made a step in space travel, and establishing colonies on distant planets - Would those companies have free rule over that colony? Would they be required to follow human rights laws, despite being outside of the jurisdiction of Earth? Or would they have... View More

James L. Arrasmith
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answered on Sep 11, 2023

As space colonization moves from the realm of science fiction to potential reality, the question of how human rights will be upheld in extraterrestrial environments indeed becomes a pertinent and critical issue. As of now, the legal landscape governing space and celestial bodies is dictated... View More

1 Answer | Asked in Employment Law for Idaho on
Q: In 2012, I pled guilty to forgery. No convictions since. Now I want to work for the govt. Can I pass a background check?

This was and is in Idaho.

T. Augustus Claus
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answered on Sep 4, 2023

Whether you can pass a background check for government employment in Idaho will depend on several factors. Forgery is a serious criminal offense, and government agencies often conduct thorough background checks to assess an applicant's suitability for a particular role. The key factors... View More

1 Answer | Asked in Employment Law for Idaho on
Q: Private school admin has stated that it is school policy that employees are not permitted to discuss wages.

School is private, church owned school in Idaho

T. Augustus Claus
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answered on Aug 14, 2023

In the United States, including Idaho, there is no federal law that specifically prohibits employees from discussing their wages with each other. In fact, the National Labor Relations Act (NLRA) protects employees' rights to engage in "concerted activities" related to their terms and... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Idaho on
Q: The company I work for is trying to say I'm no longer qualified for my job because of a RA flare up to deny ADA request.

I have worked for the company six months and have received excellent performance reviews. I verbally mentioned I have Severe Rheumatoid Arthritis and there may be periods where I need to take time off. A couple months later HR asked for a ADA letter and letter from doctor. This was provided 2... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

Employers under the Americans with Disabilities law are required to provide "reasonable accommodations," not ALL accommodation, you request. This is a very typical problem in companies. They hire an employee who tells them of a disability, and they hire the person anyway. However,... View More

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Idaho on
Q: Is it against the law for a city cop to release information about me to the company i work for and then get fired for it

The cop told him a bunch of bs and I have the text messages to prove it he violated my civil rights defamation of character and slander

Kevin M Rogers
Kevin M Rogers
answered on Oct 12, 2021

If the cop was a "citizen" and not a cop, the question would be the same: can someone tell a potential employer information, which later serves as grounds for the company to fire an employee for fault? The answer is: yes.

A better question would be: can someone slander an...
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1 Answer | Asked in Employment Law for Idaho on
Q: Hello, my employer made the staff sign documents saying that if we did not put in a 2 week notice that we would have our

I put in a notice. I was unable to work the last 3 days.

Kevin M Rogers
Kevin M Rogers
answered on Sep 3, 2021

The VERY WORST thing an employer can do these days, is to draft up an "Employee Handbook." Idaho passed a law, rejecting unions, and making all work "at will." "AT WILL" is the worst thing that ever happened to workers in Idaho, because employers can literally fire... View More

1 Answer | Asked in Employment Law, Appeals / Appellate Law, Civil Rights and Insurance Defense for Idaho on
Q: I am having major issues with the idaho dol And am looking for representation. How do I get representation?

No one responds. No one will help. There are hundreds that that need help and no one gets back to us.

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2021

An Idaho attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal - one option could be to search for attorneys online, or you could use the Find-a-Lawyer tab above. Your post covers a number of different categories, but you mention the Department... View More

1 Answer | Asked in Employment Law for Idaho on
Q: Can a company have different starting salaries based on age

My daughter was told that the reason she makes less than a new hire (having worked at her job for 3 years) is because she was hired as a HS junior and the new hire was a college freshman, and college students automatically start at a higher wage. She was then reprimanded for discussing salary with... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 4, 2021

While this situation seems unfair, as long as your daughter is being paid at least minimum wage for all hours worked, then this policy is not unlawful. Employers have a wide degree of discretion regarding employees' pay, and while federal age discrimination laws exist, these laws only protect... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Idaho on
Q: I got laid off due to COVID-19. If the job opens back up and I don’t get my job back can I sue? Short 6 months for 10 yr
J. Grady Hepworth
J. Grady Hepworth
answered on Oct 19, 2020

More information is needed to answer your question. Idaho is an "at-will" employment state. You are not guaranteed your job back. However, you might have a case if you believe your (former) employer refused to hire you back for a discriminatory reason (i.e. race, gender, disability, age, etc).

1 Answer | Asked in Employment Law and Employment Discrimination for Idaho on
Q: What is Idaho law re: policy change to already existing employee handbook?

I am a waitress in Idaho & have been employed at my current job for a year & 1/2. I change my hair color frequently & the word is that the owners mother wants to implement a new policy regarding dying your hair. Obviously, I don’t want to stop dying my hair. So, I am curious as to how... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 24, 2020

Any changes to the policy manual affect current and new employees. You're bound by it.

1 Answer | Asked in Employment Discrimination and Employment Law for Idaho on
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,... View More

Kevin M Rogers
Kevin M Rogers
answered on Jul 18, 2020

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... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Idaho on
Q: I am asking for direction with a lawsuit that involves my ex employer.

Hi, my name is Lisa. I am looking for some direction on discrimination and harassment, defamation of character. My last employer is showing my employee file to other people and I also have a doctors letter in it. Is this a HIPPA violation. I have record of all the harassment when I was... View More

Kevin M Rogers
Kevin M Rogers
answered on Jun 21, 2020

Employment law, even in a “right to work” state like Idaho states that an employer can create a “hostile work environment” by many different ways, including this one. Idaho also has a statute that holds employers liable for violating your right to privacy by disclosing confidential records... View More

1 Answer | Asked in Employment Law for Idaho on
Q: I am vital postal employee. I have used up my sick leave and holiday pay for my husbands cancer.

I have been going through Tests for an up coming serious disk surgery that will use up the balance of my sick leave - holiday pay. I have been through hell to get to this point now I am experiencing covid symptoms. We have had 2 active cases in my office. The fear of having covid is keeping me from... View More

David Fallon
David Fallon
answered on Jun 16, 2020

If you are still looking for assistance it is my opinion that you would strongly benefit from speaking with an attorney who focuses on federal sector employment law to go over your case in detail. It is likely that as a postal service employee you do have additional protections related to... View More

1 Answer | Asked in Employment Law for Idaho on
Q: I work for federal. I am vital. I have waited a very long time to get upcoming surgery that will need my existing sick

Leave pay. I have covid symptoms. People in my office have tested positive. I am scared I have it also but wonder if I have to use my intended sick leave for covid 19 quarantine . I really NEED the surgery .. and that is what is keeping me from testing for positive/negative test. Is there a federal... View More

David Fallon
David Fallon
answered on Jun 16, 2020

More information is needed to answer this question. Are you stating that you work for the federal government? If so, I would contact a lawyer that represents federal employees to go over your situation in greater detail. Many offer free consultations. Best of luck.

1 Answer | Asked in Contracts, Employment Law, Business Law and Collections for Idaho on
Q: I'm owed more than $5000 in the state of Idaho. How can I sue to collect it?

I need to collect about $20000 owed to me by an ex-employer in Idaho. I've all the paperwork and a determination from the Department of Labor saying they need to pay. The amount is too large for me to sue in small claims though - What are my alternatives? (Suing in magistrate court vs. hiring... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 21, 2020

Hi here is some information for you.

Small claims would be the easiest but it has a maximum $5,000 limit. So you could either give up any money in excess of $5,000 so that you could use the ease of small claims OR,

You could use the District Court’s (Small Lawsuit) method. Idaho...
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1 Answer | Asked in Contracts and Employment Law for Idaho on
Q: I was terminated due to excessive tardiness one day after signing a contract for an advance on my future paydays

Can my employer withhold any of my final paycheck if I signed a contract expecting future paydays, and can I be terminated for excessive tardiness even though I reasonably expected to have an ongoing employment with the company that I have worked for almost 11 years.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 22, 2019

Unless you have an employment agreement--not just an agreement to repay advances--your termination is not unlawful. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Idaho on
Q: Can gossiping be considered working in hostile enviroment. If it both me to the point go seek medical help to cope
Michael Hales
Michael Hales
answered on Aug 20, 2018

If it's sufficiently severe, then yes, it would be actionable. The question is whether the gossiping would be objectively hostile. You'll want to review the facts with an attorney.

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