COVID-19 and whistleblower protections

As many states move into later stages of COVID-19 orders, employers have begun to reopen or expand their business operations. With employees returning to work amid varying levels of concern, an increasing number of health and safety complaints and wrongful termination claims are a realistic possibility. Further increasing the likelihood, a recent news release from the Occupational Safety and Health Administration (OSHA) reminds employers they cannot retaliate against workers who report unsafe conditions during the pandemic. Here is a brief overview of both Idaho and federal whistleblower protections related to the coronavirus.

Idaho law

In Idaho, as in most states, employment is presumed to be at will, meaning employees without employment contracts may be fired at any time for almost any reason. Protections for employees, however, have emerged in two forms—statutory protections and common law protections—generally known as whistleblower laws.

The Idaho Legislature has enacted a very limited number of whistleblower protections. For the most part, they have no apparent applicability to COVID-19. One source of potential protection, however, relates to public employees. The legislature adopted stricter protections for public employees who report the existence of waste of public funds or a "violation or suspected violation of a law, rule, or regulation adopted under the law of this state or the United States."