Idaho Employment Law
What is Employment Law? Employment Law is a specialized area of law dealing with many issues such as wage claims (back pay), wrongful termination and discrimination. Both Idaho Law and Federal Law regulate these employee/employer relations. Employment Law Lawyers handle these types of cases.
As an employer there are things that you can and cannot do. As an employee you have certain rights. You may be entitled to certain treatment or be entitled not to be treated in a certain way. You are always entitled to get paid for the work that you have done.
No one wants to lose their job. No one wants their pay withheld. No one wants to be discriminated against. If you feel that you have been a victim at the hand of your employer, give us a call. Our attorneys offer a free consultation so you can see just where you stand.
Wage Claim – What Happens When You Don’t Get Paid
Idaho law requires that employers pay employees, at the very least, once a month, in regular intervals and in a timely fashion. The only time an employer can withhold wages is they are required or empowered to do so by state of federal law, such as in a wage garnishment, or if the employee has given the employer written authorization to withhold wages. If an employer withholds your pay or a portion of your pay they can be penalized if they were unjustified in withholding it.
Also, if you are terminated from your job you have certain rights. Your employer must pay you within 10 days of your last day of work or by the next pay period, whichever is earlier. You, however, can make a written request for immediate payment and the employer is obligated to pay you within 48 hours.
Time is of the essence for wage claims. If you fail to bring your action in a timely manner, or make demands by specific deadlines, you will be barred from collecting the wages owed to you. That means you will not collect the money you are entitled to.
In Idaho, if you are not paid you can file an action in court against your employer. If you prove that you were owed the wages, the employer will be subject to attorneys fees as well as treble damages. Treble damages are basically a tripling of the amount owing to you. That's right, you can get triple the amount owed to you AND have your attorneys fees paid.
Our attorneys are experienced in employment law. They can help you file your claim in a timely fashion and get the money you deserve. If you have a wage claim, give us a call and see what we can do for you.
Wrongful Termination Laws
Idaho is an Employment at Will state. What this means for you is that if you don't have a contract or an employee handbook stating otherwise, your job is "at will", meaning your employer can fire you at his or her will and for no reason at all. While some people in Idaho have employment contracts, most jobs in Idaho are employment at will. This doesn't mean you are necessarily out of luck. Idaho has enacted some employee friendly laws that can help you get your job back, get your back wages and your attorneys fees in the process.
These situations are very case specific. If you think you have been wrongfully terminated, despite the fact that you are an employee at will, give us a call and we will discuss your case with you. Keep in mind, that the more documentation you have the better. For example, if you have an email from your employer telling you that your job is secure or that you can count on continuing employment, you may have a case for wrongful termination.
There are laws in Idaho prohibiting employment discrimination and firing based upon certain discriminating actions. For example, if you are a member of a protected class (age, race, gender, national origin) you cannot be discriminated against upon that basis. You cannot be rejected for a raise or promotion on that basis, nor can you be fired because of it. There are also laws to protect you from discrimination based upon a disability. If your employer fails to reasonably accommodate you when you have a disability you may have a cause of action for discrimination against them.
Don't let your employer discriminate against you. Even if it isn't intentional, your employer is responsible to ensure that you can work without workplace discrimination. To get the help of the experienced Boise Employment Law Lawyers at Kershisnik Law, call now.
Overtime, Minimum Wage and Child Labor Laws
In addition to wage claim, wrongful termination and discrimination laws, there are federal employment and labor laws that regulate minimum wage, overtime and child labor laws. These Fair Labor Laws are known as the Fair Labor Standards Act. If you aren't paid your overtime, you are not paid minimum wage or you are a youth under 16 you are covered by these laws.
Effective July 24, 2009, Idaho minimum wage is $7.25/hour. For tipped employees the minimum wage is $3.35/hour. There are certain exceptions to these laws, like farm workers, for example, but in general you are entitled to be paid minimum wage.
Why Call the Attorneys at Kershisnik Law?
If you aren't being paid or you have lost your job, you need an Idaho employment lawyer who can help you. Our Boise Employment Law Lawyers have the experience you need to get the results you want. Call today, (208)472-2383, you will be glad you did.
Our office is conveniently located at 620 W. Hays St. Boise, ID 83702. Our attorneys pracitce in Boise, Meridian, Eagle, Nampa Caldwell, Mountain Home and the surrounding area including Ada, Canyon, Elmore, Owhyee and Valley Counties. Give us a call and see what we can do for you.