Articles Posted in Uncategorized

By Lane V. Erickson, Attorney

Regardless of whether there is a written employment contract, an oral employment contract or no employment contract at all, when an Employment Handbook or Policy Handbook exists, it may provide additional contractual rights either for the employer or the employee. The result is that an Employment Handbook or Policy Handbook could control an employer’s ability to either discipline or terminate an employee for misconduct. For this reason, it is important to review all of the statements made in the Employment Handbook or Policy Handbook regarding discipline and termination.

The very best Employment Handbooks or Policy Handbooks contain statements that allow discretion to the employer for both disciplining and terminating employees with language such as, “should the employee engage in this or similar behavior, the employee may be subject to discipline up to and including termination.” Some even go so far as to state specifically that certain types of described misconduct by an employee may lead to discipline and/or termination.

By Lane V. Erickson, Attorney

Federal law has made an effort to protect those who serve in our Armed Forces. Particularly, federal law concerning the employment of members of the military provides protections above those normally given to regular employees.

According to the Federal Department of Labor:

By Lane V. Erickson, Attorney

Employers are often covered by federal employment laws that provide certain protections for employees. One of the laws that exist that is applicable to many employers is the Family and Medical Leave Act (FMLA).  The FMLA is designed to provide certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.  Essentially this means that an employee who is covered by the FMLA can take up to 12 weeks of leave, that is unpaid, with an assurance that their job will be open and remaining for them when they return.

The FMLA is designed to help employees balance their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons. It also seeks to accommodate the legitimate interests of employers and promote equal employment opportunity for men and women.

By Lane V. Erickson, Attorney

Recently there seems to be a trend by my estate planning clients to avoid probate at all costs. It is true that a number of my recent clients have recently moved to Idaho from other states whose laws are vastly different than Idaho’s when it comes to probate. However, there are also a large number of individuals who have lived in Idaho their entire lives who for some reason feel it necessary to avoid probate

I found that when I actually talk to these clients I learn that their desire to avoid probate stems from information they have received from family or friends. I’m sure that these family and friends are well meaning, but I often find that the information they provide to my client is not accurate. It is my belief that there really are only three legitimate reasons to try and avoid probate.

By Joseph G. Ballstaedt

 In Idaho, if you leave your job voluntarily (rather than being fired), you are not eligible for unemployment benefits unless you left for “good cause connected with [your] unemployment.” The term “good cause” does not have an exact definition, and what constitutes good cause will depend on the unique facts of each individual case, but an employee’s decision to quit must be based on circumstances that are “real, not imaginary, substantial not trifling, and reasonable, not whimsical.” Ullrich v. Thorpe Elec., 109 Idaho 820, 823, 712 P.2d 521, 524 (1985). Also, rather than quit, an employee must explore viable options to resolve work problems and keep his job. See Ellis v. Northwest Fruit & Produce, 103 Idaho 821, 654 P.2d 914 (1982). And if he does quit, an employee must prove that good cause existed (the employer does not have to prove that good cause did not exist).

Over the past several decades, Idaho courts have determined that employees did not have good cause to quit under the following circumstances:

By Joseph G. Ballstaedt

 In Idaho, almost every employee is an at-will employee, which means he has no contract with his employer establishing how long the employment relationship will last or limiting why he can be fired. At-will employees can be fired for almost any reason and, conversely, can quit for any reason. Such an arrangement allows equal freedom to both the employer and the employee.

There is a general exception, however, to an employer’s rights under an at-will employment relationship: an employer cannot fire an employee when motivated by a reason that is against public policy. See MacNeil v. Minidoka Mem’l Hosp., 108 Idaho 588, 589, 701 P.2d 208, 209 (1985). All but a few states recognize this exception. Idaho courts have explained that public policy is made of principles that restrict parties’ freedom to contract and privately deal. Such restrictions are for the good of the community; whatever contravenes good morals or any established interests of society is against public policy. See Jackson v. Minidoka Irrigation Dist., 98 Idaho 330, 333, 563 P.2d 54, 57 (1977).

By Lane V. Erickson, Attorney

My employer clients often ask me if they can be held liable for injuries or damages caused by their employees while they are working. Whenever I begin discussing this question with my clients I always like to start with a scene from the movie, Joe Somebody. Here is the scene:

JEREMY I’m gone for three days and employees are fighting like schoolkids in the parking lot. This McKinney, I know everybody hates that big jerk. But this Joe “Shepherd”

By Lane V. Erickson, Attorney

Misrepresentation is just another word for fraud. Misrepresentation, either intentional or through negligence simply means there was a failure to communicate. This section will first define the types of misrepresentation that exist in Idaho and will then discuss the basic elements of agency law, which is required for liability to rest on the employer.

There are two basic kinds of misrepresentation: intentional and negligent. Intentional misrepresentation is where a person essentially, knowingly tells a lie. Negligent misrepresentation occurs when a person either simply doesn’t bother to learn first whether the things they are saying are true or they believe something to be true that isn’t and they then represent these things to others. They aren’t intentionally deceiving anyone but what they are saying isn’t true.

By Lane V. Erickson, Attorney

Scene from the movie Judge Dredd:

PROSECUTOR: The D.N.A. is a perfect match for Judge Joseph Dredd.

By Lane V. Erickson, Attorney

There is a difference between an employee and an independent contractor under both federal and state law. Under applicable laws, an employee qualifies for protection and is guaranteed a certain minimum wage and possibly overtime pay. On the other hand, an independent contractor does not enjoy these protections but is entitled to receive the terms and conditions of his contractual agreement. The reason for this is that the independent contractor is in a position to negotiate the terms and conditions of the contract, including how, when, and how much they will be paid. 　One of the main questions I am asked by my clients is whether a person is an independent contract or an employee.

An independent contractor is a person who retains control of the job that is to be done. The best example that can be given is that of building a house. In this scenario there is usually a general contractor who agrees with the home buyer to build a certain home, in a certain location within a certain amount of time. This general contractor often hires subcontractors to complete specific types of jobs on the home such as installation of the plumbing or the electrical wires. A subcontractor is nothing more than an independent contractor.