Idaho Law Blog

3 MYTHS ABOUT AN EMPLOYER COMPLETING A CRIMINAL BACKGROUND CHECK

Published on: October 3, 2016 | by Racine Olson

Many employers do not know or understand the laws that apply when it comes to hiring or choosing to not hire a prospective employee with a criminal record. Additionally, the amount of misinformation that exists and that people hear from well-meaning friends or unreliable sources on the internet only add to the confusion. Below are several myths that exist concerning whether or how employers can use criminal background checks in the employment process and actual facts to dispel those myths.

MYTH #1

What You Need to Know About Disinheriting a Family Member

Published on: October 3, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

The law doesn’t do this for you automatically. Rather, the presumption under many different laws is that you want your assets and property to be distributed to you immediate family members such as your spouse and children. However, the law does allow you to disinherit a specific person when you use certain language in your Last Will and Testament. Here are 3 things you should know about disinheriting family members.

Can I Disinherit a Child?

Safety Reminder: Use Caution and Be Patient on Idaho State Roads During Harvest Time

Published on: September 30, 2016 | by Racine Olson

Augustin Rangel, a 55 year-old farmer from Caldwell, Idaho died from personal injuries he sustained when a van tried to pass two slow-moving tractors, including the one he was operating, which caused an accident on Homedale and Beet Roads in Canyon County, Idaho, on Sunday, September 25, 2016. Several other injured people were transported to local hospitals as a result of the car crash. The car accident is still under investigation.

Idaho law enforcement agencies have issued statements reminding drivers to use caution, be patient and slow down while driving on the roads during the harvest season when farm vehicles are present. Farmers have the same rights to operate their equipment on the roads as other motorists do. Drivers should move over, slow down and if necessary, stop and allow the farm equipment to pass. Farm Bureau agencies teamed up with law enforcement to spread public awareness of the dangers in rural areas while the harvest of potatoes, corn, onions, sugar beets, wine grapes and seed crops continues for the next several weeks.

According to the Idaho Department of Transportation, there were 12,383 aggressive driving crashes in 2015; 77 resulted in fatalities. 70% of the fatal aggressive driving crashes occurred in rural areas. Aggressive driving can include failure to yield the right of way, exceeding the posted speed limit, driving too fast for conditions, and following too closely. The Idaho State Police urges motorists to: “Be alert, be patient, stay alive.” In most instances, accidents can be prevented: take your time, yield to slow-moving vehicles, allow a safe stopping distance, and be mindful of changing road conditions.

All Contracts (Including Simple Residential Lease Agreements) Should Prepare for the Unexpected

Published on: September 30, 2016 | by Racine Olson

By Joseph G. Ballstaedt

To properly draft a contract, a person usually needs to step into the future and understand unfavorable or damaging possibilities that could result as the contract is performed. Some possibilities may be extremely unlikely, and others may be difficult to discern on the surface, but a good contract will include terms that either prevent or minimize these harms. Certainly the stakes are higher in complex contracts involving millions of dollars, but even simple contracts where just a few hundred dollars pass hands can result in thousands (or even millions) of dollars of liability.

Recently, I met someone who made a minor revision to a standard residential lease agreement, failed to fully contemplate how that provision would play out, and ended up with thousands of dollars of liability. Sadly, the rent at issue under the lease was almost a non-issue compared to the overall liability.

JOB APPLICATIONS: 3 THINGS EVERY EMPLOYER SHOULD KNOW

Published on: September 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Many of my clients who either already have an existing business or who are about to create one ask me questions about job applications for employees. Most people are familiar with job applications because most people have filled one out themselves in order to obtain a job from an employer. However, many people never consider what goes into a job application or what makes a job application good. If you are an employer, here are three things you should know about using a job application when hiring employees.

1. WHO SHOULD USE A JOB APPLICATION?

3 Things to Know About the Federal Estate Tax

Published on: September 30, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

I’ve been involved in a Estate Planning as an attorney now for over 17 years. Rarely does a week go by when I don’t have a client asked me about the estate tax. Most clients just want to know whether the estate tax is going to affect them. Estate tax is also a hot topic with clients during election years because they want to know whether there’s going to be a change that will affect them. Here are three things you need to know about the federal estate tax.

1. What is the Federal Estate Tax?

WILL A JUDGE CONSIDER MY CHILD’S WISHES?

Published on: September 29, 2016 | by Racine Olson

By Nathan R. Palmer

Children who share time between two households often express their opinions and desires regarding which parent’s household would provide them with the best environment for growth and learning. A child’s expressions become more articulate as the child grows older and, at that point, a judge may consider the child’s wishes when making decisions regarding child custody. However, here are two (of the many) things judges generally take into consideration when deciding to include a child’s wishes in his/her analysis of the child’s best interest.

The age of the child. Generally, judges begin to consider a child’s wishes around the time the child turns 10-13 years of age. Each child matures at a different rate dues to life experiences and other environmental factors

Steps an Employer Can Take to Comply With the Fair Credit Reporting Act

Published on: September 29, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

In order to determine how an employer can comply with the Fair Credit Reporting Act, in creating an employment relationship with an employee, let’s consider the following common scenario. 　You are a manager at an employing company that has several job vacancies to fill. This company is also thinking about promoting some current employees to new or higher positions. The company has winnowed down the stack of applications and resumes and wants to run background checks on employee applicants through a third party company who is in the business of compiling background information. This will include obtaining a credit report for the prospective or current employees.

The steps that you and this employer company can now take to ensure that full compliance with the Fair Credit Reporting Act are as follows:

The 3 Basic Documents for Every Landlord Tenant Relationship

Published on: September 29, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

There are essentially three basic documents that should be used by a landlord and a tenant in a rental arrangement. These include; (1) the rental application; (2) the lease agreement itself; and (3) a move-in/move-out checklist. By using these documents both a landlord and a tenant understand the terms and conditions of the rental arrangement and both are fairly protected.

1. THE RENTAL APPLICATION

6 Things to Do Immediately Following a Car Accident

Published on: September 29, 2016 | by Racine Olson

By Rachel Miller

Your health and safety and that of your passengers and other individuals in the other car have to be first. Treat injuries and call 911 if necessary.
Call the police. Officers will investigate the scene of the accident. Their report can be an important part of an insurance claim and will document that the accident occurred. They will identify the other driver. (The last thing you want is to decide to handle it without the police and then get wrong contact information from the other driver.) You are not required to incriminate yourself in a police investigation. You can choose to give only your vehicle registration, proof of insurance, and driver’s license. However, if you choose to do so, expect greater scrutiny and possibly a citation. What you say will be put in a police report and used to decide who, if anyone, should be cited. Tell the truth. But don’t guess, speculate, or assume. Don’t apologize. Don’t assume responsibility for the accident. If you decide to speak, stick to the facts, and only the facts. Answer the police question as briefly and directly as possible.