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Idaho Employment Law Questions & Answers
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 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... Read 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... Read 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... Read 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... Read 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...
Read more »

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... 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 Law for Idaho on
Q: Can an employer require you do pre-work for the day, off the clock and not start paying until a first assignment?

It is a mobile service, we drive a company truck to clients houses and preform the service. Previously we clocked in at the start of the day (say 8:00 am) and started getting our trucks ready for our assigned routs. Now, we are to get our trucks ready and drive to the first assigned house and... Read more »

J. Grady Hepworth
J. Grady Hepworth answered on Feb 27, 2018

Your question is complex and to answer it more directly would require more information. The answer may depend on whether you are an independent contractor or an employee. However, if you are an employee and your employer "requires" this work to be done, it may be a violation of the Fair... Read more »

1 Answer | Asked in Employment Law and Insurance Defense for Idaho on
Q: My employer dropped one disabilty carrier and now we have a new one which can I file with??

I have been working a modified work schedule since 6/2014. I filed for short term disability thru my employer which i pay up on. The short term was for carpal tunnel. I continued to stay working the same modified schedule due to fibromyalgia and raynauds. I was denied long term and all payments... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2015

Your injury was incurred when you were covered by the first carrier. Although the conditions you are attempting to file for are new, they apparently resulted from the period of employment when coverage was by the first carrier, so you should file with that carrier. Whey you were told you... Read more »

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