Idaho Law Blog

Can An Employer Obtain a Credit Check on an Applicant

Published on: September 27, 2016 | by Racine Olson

Credit checks related to hiring and other employment matters are generally referred to as employee credit checks or employment credit checks. Idaho does not currently have a “credit check law” that restrict or prohibit an employer from conducting a credit check on its prospective or current employees. As a result, employers have the right to conduct an employment credit check to make hiring or other employment related decisions. A potential or current employer is free to check a credit report as part of an employment background check.

The main reasons employers conduct credit checks on job candidates are to help prevent theft and embezzlement, and to reduce potential legal liability for negligent hiring. Credit checks are often used by employers. In fact, a 2012 survey by the Society of Human Resource Management showed that 47 percent of the employers surveyed conduct credit checks on job candidates. Of those employers, 34 percent conduct credit checks only on certain job candidates and 13 percent do so on all job candidates.

Can a primary custodial parent move with the children to another state?

Published on: September 27, 2016 | by Racine Olson

By Tippi Jarman

Did you know that the Idaho Supreme Court just days ago upheld a magistrate judge’s decision to allow the primary custodial parent (mother) to move with the children from Idaho to Montana?

In Reed v. Reed, 2016 Ida. LEXIS 246, (September 9, 2016), the magistrate judge analyzed a petition to modify the child custody determination made in the parties’ previous divorce. The magistrate judge gave due consideration to the factors set forth in Idaho Code Section 32-717(1); namely: (a) the wishes of the child’s parent or parents as to his or her custody; (b) the wishes of the child as to his or her custodian; (c) the interaction and interrelationship of the child with his or her parent or parents, and his or her siblings; (d) the child’s adjustment to his or her home, school, and community; (e) the character and circumstances of all individuals involved; (f) the need to promote continuity and stability in the life of the child; and (g) domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child. The magistrate judge found that the factors in favor of allowing the mother to relocate with the children in Montana were considerable.　 The mother felt Montana was best for the children. The children were neutral about both of their parents. The mother had been the primary custodial parent and witnesses attested to her strong parenting skills. Although both parents were deemed stable and fit to provide a home for the children, the family situation in the mother’s home allowed for siblings to interact with each other daily.　 The children had made a good adjustment to the school and activities in Havre, Montana. The children were within walking distance of the school and their home. The mother, who had remarried and had two children with her new husband, was able to elect staying at home to care for the children. Since the children had been living primarily with their mother for over ten years, stability and continuity in their lives was promoted by having them stay with her in Montana rather than with the father in Idaho.

If a driver in Idaho faints while driving, is he liable for any resulting damage or injuries?

Published on: September 27, 2016 | by Racine Olson

By Joseph G. Ballstaedt

What if an Idaho driver suddenly loses consciousness or experiences a completely debilitating medical condition–such as a heart attack, a stroke, or a seizure–and this condition leads to a car accident? Is the driver liable for resulting damages and injuries?

Under Idaho law, a person is negligent and responsible for any harm he causes if he does not use ordinary care in keeping others and their property safe. In making this determination, one must simply ask, how would a reasonably careful person act under the circumstances? Answering this question can be a little tricky when a car accident occurs after a sudden and debilitating illness. The law of negligence only holds people accountable for foreseeable injuries, and a reasonably careful person cannot foresee every harm he might cause. For example, if a driver has never had a seizure or experienced symptoms that might lead to a seizure, but one day crashes due to a sudden and unexpected seizure, he probably didn’t act negligently and therefore won’t be held liable for any damages. On the other hand, if he had seizures in the past or had reason to believe he might have a seizure in the future, he might be held responsible.

The 4 Types of Records that Every Corporation and LLC Should Keep

Published on: September 21, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Everything runs smoother in a business when you are organized. 　This is especially true when your business is a corporation or an LLC. 　The reality is that most states require corporations and LLCs to keep certain types of records. Doing so is both a good business practice and can help you keep in good standing in the state where you created your corporation or LLC. 　Records that corporations and LLCs should or are required to keep usually fall into the following 4 categories:

1. ORGANIZATION AND OPERATIONAL DOCUMENTS

4 FACTORS CONSIDERED IN CHILD SUPPORT

Published on: September 21, 2016 | by Racine Olson

By Nathan R. Palmer

The calculation used to determine the amount of child support to be paid by one parent to the other can seem somewhat mysterious. While there are nuances to every factor used in calculating child support, the factors listed below are typically used in every child support calculation:

Time with the child. The Idaho Child Support Guidelines require the input of the percentage of time each parent spends with the child. The percentage is determined by counting the number of overnight visits the child has with each parent during the year. Generally, parents pay less (or receive more) child support when they spend a higher percentage of time with their child.

Should I talk to the other driver’s insurance?

Published on: September 21, 2016 | by Racine Olson

By Rachel Miller

Generally, no. If you are in a car accident, whether minor or severe, you can expect that the insurance company for the other driver will contact you. They will often be polite and professional and may even say that they just want to help you. They will often even ask you to make a recorded statement. It can be tempting to talk to the opposing driver’s insurance – particularly when the other driver was at fault. However, generally speaking, victims of car accidents should not speak to the other driver’s insurance. They should particularly not agree to give a recorded statement. Remember, you are not obligated in any way to speak to the other driver’s insurance or to give a statement.

It is important to remember that the insurance company of the other driver has no obligation to you. Their job is to represent the interests of their insured and their company. They are seeking to minimize the amount of money that they will have to pay for the accident. They do this by asking you questions that will elicit answers showing that (1) you were partially or entirely at fault for the accident; and (2) you did not have injuries or your injuries are only mild. The answers you give will be used against you to evaluate your claim. Your answers will also be used against you at trial if the case proceeds through litigation. Under Idaho law, your answers are not considered hearsay.

Title Insurance Commitments

Published on: September 19, 2016 | by Racine Olson

By: T.J. Budge

Title insurance is a standard part of nearly all real estate transactions, yet relatively few buyers understand the purpose and limitations of the policy.

Title insurance policies insure against defects in the title to the property they are buying. The insurance company researches the public real estate records pertaining to the property and identifies the legal owner of the property as well as any problems with the title to the property, such as easements and liens. These problems are called “exceptions” because the title insurance company excludes or “excepts” them from coverage under the policy.

WHAT IS A QDRO?

Published on: September 19, 2016 | by Racine Olson

By Nathan R. Palmer

A Qualified Domestic Relations Order (a.k.a “QDRO”) is an order from a court requiring the division of certain qualified retirement plans as a result of divorce. Many Idaho divorces involve the process of dividing community property, which includes monies accumulated in retirement accounts during marriage. Most retirement plans will not simply distribute funds from the accounts due to a plan participant’s divorce as retirement plans are subject to strict regulation to ensure fairness and accuracy. As a result, a QDRO is generally the only option available for the division of the majority of retirement accounts.

A QDRO is not automatically issued during the divorce process. Once the court enters an order dividing the parties’ property (or once the parties agree upon a property division), the spouse whose name is not on the qualified plan (a.k.a. the alternate payee) generally requests that the court issue a QDRO. The alternate payee spouse will want to contact the plan administrator to gather as much information as possible prior to seeking a QDRO from the court. The reason being, most qualified plans require specific information to be contained in the QDRO. Many plan administrators will provide you with a sample QDRO for your reference when seeking a QDRO from the court. Regardless, seeking a QDRO can be tedious and frustrating if not properly undertaken.

Should I sign an Assumption of Risk/Release of Liability Form?

Published on: September 19, 2016 | by Racine Olson

By Rachel Miller

Aaah. Fall. Autumn. Changing colors. Crisp air. Back to school. Fall sports – football, soccer, volleyball, cross-country. Is there anything not to love about the fall season? However, with back to school and fall sports often comes the obligatory Assumption of Risk/Release of Liability form that your child brings home to participate in the above school sports (or many other school activities). You may have also have signed them in connection to participate in other activities such as amusement parks, trampoline activities, or even every-day activities like roller and ice skating.

A release of liability form is an agreement between the parties, where the participant waives or releases any future negligence claim he may have against the school, organizer, sponsor, or vendor of the activity or sport. The organizer/sponsor of the activity often names specific risks inherent in the activity, and the participant acknowledges an assumption of those risks, and agrees not to sue the organizer even if the organizer commits negligence. The release also often contains agreements to arbitrate any disputes or to litigate only in the state where the activity took place.

3 Questions to Ask Yourself About Your Estate Plan

Published on: September 19, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

Idaho Estate Planning is not a static business. What I mean by this is there are always changes occurring. Because life is full of changes it is important for every person who has an Idaho Estate Plan to review it from time to time to make sure that it still accomplishes what was intended. To assist you in reviewing your Idaho Estate Plan here are 3 questions to ask yourself about your Idaho Estate Plan.

1. Are Your Appointments/Beneficiaries Still Around?