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Idaho Employment Discrimination Questions & Answers
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... Read 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,... Read 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... Read 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... Read 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... Read 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.

1 Answer | Asked in Employment Discrimination for Idaho on
Q: I've done a job for 7 years and now they are saying they require a bachelors degree. It is a contract position. Help

The position is a contract position with the National Guard. I have been employed here doing the same job for 7 years in May. There is no grandfather clause, no allowance for years of experience. Is this legal?

Jeffrey Hepworth
Jeffrey Hepworth answered on Mar 19, 2018

The answer to your question requires more information about your particular job and the nature of your employment, such as when your contract expires. As a general matter, it is not necessarily illegal to change the job requirements/description of a position if done in good faith. However, it would... Read more »

1 Answer | Asked in Employment Discrimination for Idaho on
Q: What should I be aware of and documenting if I feel I'm being discriminated against because of my age?
Jeffrey Hepworth
Jeffrey Hepworth answered on Mar 19, 2018

The short answer to your question is that you should be documenting EVERYTHING. If litigation becomes necessary, it is helpful to show the totality of instances where you believe you are being discriminated against. Important evidence can include comments where your managers/supervisors/co-workers... Read more »

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