A Guide to Employment Law in Boise
People often ask me whether employment law and employment attorneys are similar in Idaho. The answer is yes – with some distinctions. Employment law has both federal and state components.
At the federal level, Title VII of the Civil Rights Act of 1964, as amended, protects employees from individual and employer-based discrimination based on race, color, religion, sex, or national origin (and in some cases sexual orientation). It is the law of the land, but it does not apply to employers of a certain size. For example, to trigger Title VII, an employer must have 15 or more employees. Other federal laws prohibit discrimination on the basis of disability, age, or pregnancy. Many of these laws have been held to apply only to employers with 15 employees or more, although that number can be lower.
Some states have similar but slightly more equitable laws governing labor and employment. Idaho law prohibits discrimination based on race, color , religion, sex, age, national origin, or disability. It also contains protections for wage payment and collection, workplace safety, and agricultural employment. It also includes remedies for whistleblowers.
There are now movements in our legislature to add sexual orientation as a protected class. This would put Idaho in line with the trend among states that have similar protections against discrimination. Some other states have enacted "right to work" laws that limit the range of actions for employers, making it easier for them to do business.
With the current political landscape in the state, many of these efforts will be blocked. But there is hope that legislation on these topics will eventually make its way through the House and Senate.
Employers should be aware of these and other state and city requirements (Idaho Falls and Coeur D’Alene). Most federal employment laws will not apply to employers with fewer than 15 employees.
When to Consult with an Employment Lawyer
There are a number of situations that call for an employment lawyer. If you believe that you have been wrongfully terminated, harassed, or discriminated against, you should seek the immediate guidance of a qualified employment law attorney in Boise, Idaho. Common situations that may call for the assistance of an employment attorney include: Although this may not be a complete list of issues that call for the immediate assistance of an attorney, it should be enough to give you a general idea of when calling an attorney is in your best interest. In all of these scenarios, your company has done something illegal. Consulting an attorney immediately will help protect you from losing your right to take action against your employer.
Selecting the Right Employment Attorney
When considering your options for hiring an employment law attorney in Boise, several factors should play into your decision. First, make sure to evaluate his or her experience level. It is important to know how long the person has been practicing employment law and if he or she has successfully represented clients with cases similar to yours. No matter how good you believe your case is, if the attorney has little to no experience taking such claims to trial, the opposing employer may use that to their advantage knowing your attorney will likely shy away from pursuing the claim aggressively for fear of losing. It is also important to determine whether the attorney or firm in question specializes in employment law. Most people understand what a "jack of all trades" attorney does—he or she represents everyone at any time while attending to legal issues no matter the type. On the other hand, an employment law attorney will only represent those in the workplace who have been or may be subjected to retaliation, discrimination, or other adverse impacts by their employers. Both types of attorneys are not invariably better than the other; they are just suited for differing circumstances and needs. Make sure to do research and compare the reputation of the employment law attorney you are thinking about hiring. Does this attorney have a bad reputation amongst other attorneys? Has this firm received negative feedback online? These are all questions you should include when narrowing down your options. Lastly, don’t forget about reviews from past clients. Previous clients should be able to provide insight and experiences if the attorney in question was successful, trustworthy, and communicative. The combination of experience, focus, reputation, and reviews can help narrow down the list of potential candidates.
What to Anticipate in the Legal System
The next step will depend on whether or not your lawyer believes you have a viable case. If he or she does, your first step will be filing your official claim with the EEOC or Idaho Human Rights Commission. Employers offer an enormous amount of protection against being sued. The law has created a filtering process to allow employers and employees with that grievance to settle their differences quickly and with federation. An employee cannot directly sue his or her employer without first filing an EEOC complaint. Your claim will then be investigated. After a period of time, you should receive back a "Right to Sue" letter, allowing you to pursue your case in court.
Your employment lawyer will review your claim to determine if there is a viable cause of action. Sometimes this means filing a lawsuit against an employer; other times , it means obtaining an out-of-court settlement that compensates you for your losses. The vast majority of these cases never go to court—settlements are the preferred solution for everyone involved.
While many cases settle before proceeding to court, it’s important to note that this does not always mean that you’ll receive the outcome you desire. You may receive an award, but the compensation could still fall short of what you believe you deserve. So, what happens if you believe the ultimate outcome is not correct?
You may file an appeal—a petition for court review. However, the options for a successful appeal depend on a number of factors, including if the larger district court reviewed the dispute or if the judge felt that there were no serious mistakes made. Most importantly, the final award cannot exceed the damages the jury provided.
Pricing and Fee Arrangements
Professionally representing yourself and managing an employment dispute can be daunting. On the one hand, the lawyer may not get you what you want and his/her services add on cost. Then again, the lawyer is more experienced and knows his way around. But, then, again, he may not get you what you want.
Lets not sugar coat it. Hiring a lawyer to help you with your employment dispute is an expense. And, for lots of people, it may be a big expense at that. So, yes, money does factor into the equation for whether to hire a lawyer. But it does not mean you will not be able to afford a lawyer no matter how much money you got.
If you feel you’ll need a lawyer’s assistance in an employment dispute, the first step is to dig into your wallet (or purse) and see what’s left.
The costs to consider upfront, particularly if you need a lawyer to help with a case in court, are the retainer, or upfront payment, and the hourly rate a lawyer will charge.
Even in an Idaho employment case where a lawyer’s fees can be paid by the losing party, the losing party will only have to pay the winning party’s attorney fees and expenses. This could mean that your potential attorney will want a hefty retainer fee. Charges to cover the attorney’s time in his or her office includes a penny or two in overhead (like rent and utilities), employee costs, even an upload of a malpractice policy (you know, the lawyer has to cover his own arse so you don’t sue him when you lose).
Cost factors for employment lawyers in Boise typically runs upwards of $300 per hour. This figure is general across a myriad of legal services, but it is a good rule of thumb for employment lawyers in Boise. The hourly fee will, of course, vary depending on the scope and complexity of your case. Fees will vary with the size of the firm. A large firm with teams of lawyers or a single lawyer with a junior associate may charge more per hour than an attorney who handles cases personally.
Total costs of your employment lawyer will be determined by the number of hours that be billed to your case multiplied by the hourly rate of your employment lawyer.
You may also want to ask about contingency fees. Many Idaho employment lawyers are willing to take your case on a contingency fee arrangement, which means they only get paid if you recover money.
To find a quality employment lawyer you can afford will require some careful review and possibly some negotiation.
Community Resources and Support
There are several local resources and support systems available in Boise for those dealing with employment-related issues. Understanding and utilizing these resources can empower individuals to tackle their employment disputes more effectively.
Legal Aid Services of Idaho, Inc. is a nonprofit law firm that offers free legal assistance to low-income individuals who face barriers in obtaining legal representation. They specialize in various areas, including civil cases related to employment issues such as discrimination, wrongful termination, and wage disputes. They also provide educational resources and information on various legal matters related to employment and beyond. Legal Aid Services has a dedicated team of attorneys and volunteers who offer services throughout Idaho, and they can help inform individuals of their rights and legal options in employment-related cases.
The Idaho Legal Aid website offers information regarding statewide programs, both online and in-person, that can help individuals with range of legal concerns. They can assist clients in navigating employment-related legal issues, including unemployment insurance claims, termination of employment cases, and wage and hour disputes. The website provides a wealth of information on various practice areas as well as access to self-help tools, webinars, and an attorney referral service .
The Idaho State Bar Lawyer Referral Service can provide a way for individuals to quickly find the right attorney in Boise for their specific legal needs. This referral service matches clients with local attorneys who possess the necessary areas of expertise. This may include attorneys who specialize in employment law or those who have experience handling wrongful termination cases, wage disputes, and other employment-related matters. The Idaho State Bar Lawyer Referral Service can also provide a free 30-minute initial in-office consultation with an attorney to determine the best legal course of action for the client.
In addition to these organizations, there are also numerous community support groups and non-profit organizations where individuals can seek employment law-related advice and support. These groups may provide resources and networking opportunities for both employers and employees facing a wide variety of legal issues.
The Idaho Department of Labor website contains a multitude of information for jobseekers, employees and employers. Employees can find information on their rights related to workman’s compensation, wage and hours, tax withholding, payments, and safety. This information can be particularly helpful to individuals facing unemployment-related issues or to those who have a potential wrongful termination or discrimination claim. Moreover, the Department of Labor can advise on issues such as separation benefits right after employment termination.