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.
This site is brought to you by the combined efforts of more than 20 state and federal agencies known as the RIB (Reducing Idaho’s Bureaucracy) Committee. Website development and updates were funded by grants from USDA Rural Development.
The Idaho Small Business Development Center maintains the site. Contact the Idaho SBDC today for a free business consultation.