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Idaho Employment Contracts Legal Questions

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2 legal [2, *]questions have been posted about employment contracts by real users in Idaho. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include labor and employment, whistleblower litigation, and wage and hour law. All topics and other states can be accessed in the dropdowns below.

Is it considered wrongful discharge when you lose your job as a result of your company downsizing?

Answered 12 years and 11 months ago by attorney Hilary B. Miller   |   1 Answer
Hilary B. Miller
No, quite the contrary. Discharge is wrongful only when contrary to statute or contract.
No, quite the contrary. Discharge is wrongful only when contrary to statute or contract.

what is necessary to fire someone for incompetence?

Answered 12 years and 11 months ago by attorney Bruce Robins   |   1 Answer
Bruce Robins
You don't say whether the accountant is an employee or an outside contractor.  Assuming that the accountant is an employee, the allowable grounds for firing him/her depend on the terms of his/her employment contract (which may not be a written individual agreement, it could be oral, could be found in an employee handbook, or could be a collective bargaining agreement with a union).  If there is no employment agreement, or the agreement does not cover grounds for termination, the employee can be fired for ANY REASON, other than those prohibited by statute (i.e. based on race, gender, religion, age, being a whistleblower, etc.) - the employee does not have to be incompetent to be fired, although it may make a difference when it comes to paying unemployment based on whether the employee was fired "for cause" or not.  However, if what you write about the accountant's work performance is true,  you certainly have grounds to fire them "for cause".... Read Answer
You don't say whether the accountant is an employee or an outside contractor.  Assuming that the accountant is an employee, the allowable... Read Answer

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