Terminating Employees

According to the Idaho Department of Labor,

“Idaho is a “work at will” state. This means there is no set length for an employment relationship and either the employer or the employee may end it at any time, with or without notice; with or without cause. If there is an employer policy, employment contract, or union agreement, the employment relationship may be subject to the terms and conditions of that agreement. The policies, contracts and agreements set up and enforced by the employer must be in compliance with Idaho’s wage payment laws. There are some exceptions to an employer’s right to terminate an employee. For example, employees should not be terminated for a discriminatory or retaliatory reason, or a violation of public policy.”

Keeping an employee on the payroll when misconduct is occurring affects employee morale and may affect your bottom line. Terminating employment, however, should be handled carefully with respect for the person being terminated. Depending on the circumstances, an employee might sue for wrongful termination, harassment, or discrimination. Before terminating an employee, detailed written records of both offenses and warnings or reprimands, including dates and times, should be kept.

Have a witness: The employee should be terminated in a private meeting with a witness present. The presence of another person protects both the employer and the employee from possible future issues arising from faulty memories of what was said.

Final Pay: Idaho law requires that a final paycheck must be issued on the next scheduled payday or within 10 business days, whichever comes first. If the employee asks in writing for payment sooner, they must be paid within 48 hours of the employer’s receipt of the notice.

Legal Help: The Idaho State Bar publishes a booklet, “Idaho Employment Termination Law Handbook” that details legal requirements when terminating employees. To find the booklet, go to the Bar Association website and look for “Employment Law.”

Idaho Employee Rights and Laws, an Idaho state website, provides information for both employees and employers.