In Idaho, cases involving the suspected abuse, neglect, or abandonment of a child (anyone under 18 years of age) fall under the Child Protective (“CP”) Act. Frequently a CP case arises when the police (while investigating a citizen report or while otherwise conducting their duties) happen upon a child who appears to be in immediate risk of physical or emotional harm. Common sources of such harm include violent or abusive people in the home, the presence of illegal drugs, extremely ...
How Do I Evict The Guy Out Of The House I Just Bought?
I got an interesting call from someone who bought a house in a short sale and, now that they’ve closed on the transaction, the former owner is refusing to move out. Welcome to your new home — there’s just the little issue of evicting the guy who’s living there. I bet they didn’t see that coming when they bought the place. (In addition to raising the question of how to evict the tenant, this raises questions of what the buyer knew or was told by the listing agent, and other concerns that ...
Help Wanted!
You may have noticed that it’s been a while since I posted. That’s because my business is out of control busy. So many people who need my help! It’s a great problem to have, but it’s definitely a problem. So here’s the ad. Please pass it around to anyone who might be an outstanding candidate! Thanks in advance! Busy solo litigation attorney is seeking a part-time Legal Assistant. The ideal candidate is a bright, energetic, organized, and reliable team player, who is an effective ...
How Can They Get Away With That?
Yesterday a client asked me a very good question. We were talking about something bad someone has done recently, which seems to be a clear violation of the law. She asked, “How can they get away with that?” What does it mean to “get away” with something? It means to do something bad and not to face any consequences or punishment. The truth is that anyone can “get away” with anything, right up until they don’t. In other words, people can do whatever they want or feel like doing and ...
Termination Of An Employee Due To Her “Irresistible Attraction”? Lawful.
The Iowa Supreme Court (yes Iowa, not Idaho – I do know the difference!) issued an interesting opinion on December 21, 2012 in the case of Nelson v. James H. Knight DDS P.C. Although the opinion only applies directly to Iowa law, it is an interesting case, and illustrates the oddities of employment law in our country. (For the record, this case may well have had the same outcome under Idaho law or federal law.) Melissa Nelson was a twenty year-old dental hygienist, who was hired by Dr. ...
Is The Christmas Tree Constitutional?
With the holidays upon, I’m taking today’s post to review the law on the display of Christmas or other holiday decorations by the government. In Boise, we have an enormous Christmas tree sitting in front of the capitol building, for example. Does that violate the Establishment Clause of the United States Constitution? What if, instead of a Christmas tree, the government wanted to display a menorah, a giant statute of Buddha, or a statute of Lord Shiva (a major Hindu deity)? The ...
The Corporate Structure Of Lemonade Stands
Let’s say your family decides to set up a lemonade stand on a random Saturday. You get the ingredients, set up a table and signs, and start selling. You are operating as a sole proprietor. A sole proprietor is simply the name given to someone who starts engaging in a business by herself without setting up a formal corporate structure. You run your business and you keep your profits. You and your kids run the successful stand for the summer. However, that fall, you get hit with a ...
Does A Company Violate Ada By Firing Someone Because She Is Heavy?
I recently attended an interesting presentation on the obesity epidemic, which used to be an American issue but is more and more becoming a global one. In Japan, for example, companies are required to measure their employees’ waistlines and companies face penalties if their workforce remains over the Japanese national guidelines (of 33.5 inches for men and 35.4 inches for women). This led me to wonder whether Japanese firms would try to fire (or decline to hire) people over those ...
Can I Get A New Judge, Please?
I had the pleasure of attending the annual District of Idaho Bench Bar Conference on Friday – an annual meeting of our federal court judges and those of us who practice regularly in that court. I was once again struck by two facts. First, we are fortunate to have an amazing group of eight men and women who serve this state as our federal judges. They are incredibly dedicated and hard-working jurists, but also happen to be eight friendly and funny people. Judge Lodge had me in stitches. ...
What Does “At Will” Employment Really Mean?
Most folks in Idaho know that generally employees are hired under the “at will” employment rule. Theoretically, this means that an employer can fire someone for (the cliche) “good cause, bad cause, or no cause at all.” It also means that the employee can quit at any time and for any reason. However, lots of people misunderstand how this rule actually plays out in practice. Employers can run into many problems by cavalierly firing employees on the assumption that they are “at will.” And ...
