Idaho Employment Law for Employers: Discrimination, Wrongful Termination, and Wages

The Idaho Human Rights Act covers employers with five or more employees and requires a complaint to the Idaho Human Rights Commission within one year before any lawsuit. Idaho is at will with a narrow public policy exception. Final pay is due by the next payday or within 10 business days, and unpaid wages can bring three times the amount owed. Idaho allows non-competes for key employees, presumptively up to 18 months.

By Trella Commercial · Updated October 5, 2026

The short version

Five employees triggers state discrimination law. The Idaho Human Rights Act applies to employers with five or more employees for each working day in 20 or more weeks of the current or preceding year.
Charges are rising fast. Cases at the Idaho Human Rights Commission grew 120% from 2022 to 2025, to 685; 46% alleged disability discrimination, and discharge was an issue in 52%. See the data.
The commission comes first. A complaint must be filed within one year, and filing is required before a lawsuit.
Damages are limited under the Act: back pay reaches back two years before filing, and punitive damages are capped at $1,000 per willful violation.
Wage claims carry steeper damages: unpaid wages can bring three times the amount owed, plus attorneys' fees.

The Idaho Human Rights Act

Rule	Detail	Source
Who is covered	Employers with five or more employees for each working day in 20 or more calendar weeks in the current or preceding year	Idaho Code 67-5902
Protected classes	Race, color, religion, sex, national origin, age (40 and over), and disability	Idaho Code 67-5909, 67-5910
Complaint deadline	Within one year of the alleged discrimination	Idaho Code 67-5907
Before suing	Filing with the Commission is a condition of suing; a lawsuit must follow within 90 days of a dismissal notice	Idaho Code 67-5908
Back pay	Limited to two years before the complaint was filed	Idaho Code 67-5908
Punitive damages	Up to $1,000 for each willful violation	Idaho Code 67-5908
Federal law	Title VII and the ADA apply at 15 employees, the ADEA at 20; EEOC charges in Idaho can be filed within 300 days	EEOC

Most Idaho charges are filed with the state Commission, which shares them with the EEOC, so the Commission's caseload is the fuller picture of claims in Idaho.

At-will employment and wrongful termination

Rule	Detail
At-will presumption	Employment is presumed at will unless a contract states a fixed term or limits the reasons for discharge (Bollinger v. Fall River Rural Electric Cooperative, 2012)
Public policy exception	A narrow exception applies when the employer's motivation for the termination contravenes public policy (Bollinger)
Any reason or none	An at-will employee can be terminated for any reason or no reason at all, as long as it is not an unlawful one (Edmondson v. Shearer Lumber, 2003)
Public employees	Idaho's whistleblower act protects public employees only; it does not apply to private employers (Idaho Code 6-2103)

Wages and final pay

Rule	Detail	Source
Minimum wage	$7.25 per hour, tracking the federal minimum; $3.35 cash wage for tipped employees; local governments cannot set higher minimums	Idaho Code 44-1502
Final paycheck	By the earlier of the next regular payday or 10 days after termination, excluding weekends and holidays; within 48 hours of a written request	Idaho Code 45-606
Wage claim damages	The greater of unpaid wages plus statutory penalties, or three times the unpaid wages, plus attorneys' fees	Idaho Code 45-615
Deadline	Two years to file with the Idaho Department of Labor or in court; 12 months when some wages were paid and more are claimed for that pay period	Idaho Code 45-614
Paid sick leave	No statewide requirement
Right to work	No one can be required to join or pay a union as a condition of employment	Idaho Code 44-2003

Non-competes in Idaho

Unlike Washington, which bans all non-competes starting June 30, 2027 (see Washington's law), Idaho allows them for key employees:

Rule	Detail	Source
Who	Key employees and key independent contractors	Idaho Code 44-2701
Reasonableness	Must be reasonable as to duration, geography, and type of work	Idaho Code 44-2701
Duration	Up to 18 months after employment is presumed reasonable; longer requires additional consideration	Idaho Code 44-2704
Key employee presumption	Employees among the highest-paid 5% of the employer's workforce are presumed key employees	Idaho Code 44-2704
Unreasonable terms	Courts limit or modify them rather than voiding the whole covenant	Idaho Code 44-2703

Employers with workers in both states need different agreements for each.

How EPLI responds to Idaho claims

Claim	EPLI
Idaho Human Rights Commission or EEOC charge	Usually covered, including defense of the charge
Wrongful termination in violation of public policy	Usually covered
Unpaid final wages and treble damages	Usually excluded as wage and hour claims
Punitive damages	Idaho's Human Rights Act caps them at $1,000 per willful violation; insurability depends on the policy

See what EPLI covers and the complete EPLI guide.

Common questions

How many employees before the Idaho Human Rights Act applies?

Five. An employer is covered if it has five or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year (Idaho Code 67-5902).

How long does an employee have to file a discrimination complaint in Idaho?

One year, with the Idaho Human Rights Commission (Idaho Code 67-5907). Filing with the Commission is required before a lawsuit under the Act.

Is Idaho an at-will employment state?

Yes. Employment is presumed at will unless a contract sets a fixed term or limits the reasons for discharge, with a narrow exception for terminations that contravene public policy.

When is a final paycheck due in Idaho?

By the earlier of the next regularly scheduled payday or 10 days after the termination or layoff, excluding weekends and holidays, or within 48 hours of a written request (Idaho Code 45-606).

Are non-competes enforceable in Idaho?

Yes, for key employees and key independent contractors, if reasonable in duration, geography, and type of work. Up to 18 months is presumed reasonable, and courts can modify unreasonable terms.

Sources

This page is general information, not legal advice. Laws were checked against primary sources in October 2026.

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