Employee Communications: Idaho

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Scott E. Randolph and Bradley T. Cave of Holland & Hart LLP

Summary

• Idaho employers may be required to post employee notices in the workplace. See Required Postings.
• Employers are advised to communicate in writing with employees about the at-will status of employment, disclaimers of any intent to create implied contracts and any drug or alcohol testing requirements. See Communication of At-Will or Other Terms of Employment.
• Restrictive covenants are enforceable in Idaho, subject to several limitations. See Covenants Not to Compete.
• Various statutes and legal doctrines may apply to employer communications, including laws prohibiting discrimination, claims for defamation, invasion of privacy, and various statutes which protect employees' rights to file complaints and participate in legal proceedings. See Legal Claims Relating to Communications.
• Discriminatory comments could support an allegation under Idaho's antidiscrimination statutes. See Statutes Relating to Discriminatory Comments.
• Idaho's criminal wiretapping statute precludes employers from making audio recordings or otherwise intercepting or monitoring employees' oral or electronic communications without consent. See Privacy in Communications.
• Idaho has adopted the Uniform Trade Secrets Act with some minor modifications. See Trade Secrets, Business Information and Proprietary Information.
• Generally, employment in Idaho is at-will but the public policy exception to at-will employment has been held to protect employees who refuse to commit unlawful acts, who perform important public obligations, or who exercise certain legal rights or privileges. See Statutes Protecting Employee Communications.