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Idaho Law Blog

Another distraction to driving

Published on: September 14, 2016 | by Racine Olson

By Patrick George

It’s hard to imagine more distractions for driving. A few currently include email, texting, phone calls, and checking phones. Now we have a new one known as Pokemon Go.

Pokemon Go is a game that people play on their cell phones as they walk, or drive, around the community. You may have observed the behavior; people walking around a park, on a sidewalk, or even across a crosswalk. The game requires the player to find digital creatures called pokemons that are found in certain locations reached by the phone. Once a player collects a certain amount of pokemons, they can battle at “gyms” which are again identified by the phone.

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In an employment discrimination case, when is an Idaho employer liable for punitive damages?

Published on: September 14, 2016 | by Racine Olson

By Joseph G. Ballstaedt

Under federal law, when an employer intentionally discriminates against an employee based on the person’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, or disability, the employer can be liable for punitive damages. See 42 U.S.C. § 1981a(a). The purpose of punitive damages is to punish the employer and deter future discrimination. Punitive damages are separate from monetary relief based on lost wages and also distinct from compensatory damages, which address emotional distress, pain and suffering, harm to reputation, etc.

An employee can obtain punitive damages if he or she proves the employer discriminated “with malice or with reckless indifference” to the employee’s federal employment rights. 42 U.S.C. § 1981a(b)(1). Under this standard, it is not enough that the employer knows he is discriminating; rather, the employer must know that he may be violating the employee’s legal rights. See Kolstad v. ADA, 527 U.S. 526, 535 (1999). Put simply, this standard asks whether the employer knew certain conduct was against the law but did it anyway.

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Retraining Brings Hope to Idaho Injured Workers

Published on: September 12, 2016 | by Racine Olson

By Fred J. Lewis

Serious on-the-job accidents often result in permanent injuries that will end your current job. Many employers will not accommodate the new restrictions that you will be given and you will be left in a position such that you will have to reinvent yourself. There is good news. There are several programs available to injured workers in Idaho where you can essentially fashion your own full ride scholarship after you were injured on the job in Idaho:

The Idaho Department of Vocational Rehabilitation (IDVR) provides benefits.

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What is an accord and satisfaction under Idaho law?

Published on: September 12, 2016 | by Racine Olson

By Joseph G. Ballstaedt

In Idaho, an accord and satisfaction is a method of resolving a disputed claim between two parties. See Idaho Code § 28-3-310. Here’s a simple example of how it works. Let’s say a painter agrees to paint a homeowner’s living room for $500. After finishing the work, the painter sends the homeowner a bill for $500. The homeowner responds with a letter stating he doesn’t owe anything because the paint job is terrible and he had to hire a second painter to come in and do it right. In reply, the painter threatens to sue the homeowner if he doesn’t get full payment.

Let’s suppose that the homeowner is stressed about the dispute and the possibility of being sued, so he sends the painter a check for $250 with large, red print on face of the check stating, “Payment in full for painting my living room!” The painter receives the check, decides that $250 is better than trying for $500 in court, so he cashes the check. When he does so, the matter is legally resolved. The parties have performed an accord and satisfaction.

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The Science of Divorces Affects on Kids

Published on: September 12, 2016 | by Racine Olson

By Patrick George

Each year more than 1.5 million children in the United States watch their parents go through the struggle of divorce. This raises questions from all the parties including the children such as how will the divorce affect the kids, should I stay in an unhappy marriage for the children, and how the fighting is affecting the kids? The evidence shows that few children experience serious problems after divorce and there are ways to make it easier for them such as counseling.

In 2001, a study in Pennsylvania showed that children suffered far less after witnessing a divorce than was originally thought. In coming to this conclusion, the researcher looked at academic achievement, emotional problems, behavior problems delinquency, self confidence, and social relationships. The study ended up showing that there were minimal differences between children from intact families and children that came from divorced situations.

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Your Mode of Transportation Affects Your Health and Your Safety

Published on: September 12, 2016 | by Racine Olson

By Patrick George

Recently I wrote concerning bicycling and the safety that needs to be exercised when engaging in that activity. However, as has been shown by various universities, bicycling can improve your health and mental outlook on life.

Exposure to the sun actually increases happiness. We seem to recognize this when we go outside for breaks or walk down the street for lunch. Bicycling to work or leaving the roof down for the drive might be a healthy move. This has been recognized by the Stanford University School of Medicine. Serotonin levels in our body are boosted by exposure to sunlight and can make you feel happy. This also potentially raises Vitamin D levels which in turn plays a role in your happiness. Obviously, you need to protect against over-exposure from the sun or dehydration. A good quality sun screen, along with drinking plenty of fluids should do the trick.

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What does it mean to be an at-will employee in Idaho?

Published on: September 12, 2016 | by Racine Olson

By Joseph G. Ballstaedt

Let’s suppose that Jimmy works at Generic Burger Joint in Idaho and is a picture-perfect employee. He always arrives at work on time, can whip out a Generic Burger every thirty seconds, and is great with customers. More importantly, revenues have doubled since Jimmy started working. But one day, Jimmy arrives at work five minutes late. He explains to his boss that his car broke down and that he had to run ten miles to work. Jimmy’s boss believes him, but nonetheless fires him. Doesn’t this sound unjust? Yes, it probably is.

Let’s take it even a step further. Let’s suppose that Jimmy is not five minutes late for work—or ever late—and does absolutely nothing wrong and everything right, but out of the blue on day, his boss decides to fire him for no reason at all. Is this okay? Is it legal? Well, it is neither fair nor rationale, and it certainly isn’t a good business decision, but it isn’t illegal under Idaho law. This is because Jimmy is an at-will employee.

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Who Does the Fair Housing Act Apply To in Idaho?

Published on: September 12, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

The Fair Housing Act is a federal statute that was adopted in 1968 and amended in 1988 with the goal of eliminating several previous discriminatory practices related to the sale or rental of housing. 　This statute was enacted during a time when many other civil rights statutes were created concerning ending discrimination in employment, education and rights of public access.

The Fair Housing Act specifically provides that a person cannot be discriminated against in most housing transactions because of their race, gender, religion, national origin, or color. 　The Fair Housing Act was amended in 1988 to include familial status (which is the presence of children under the age of 18) and persons with disabilities.

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3 Types of Idaho Probate a Surviving Spouse Should Know About

Published on: September 12, 2016 | by Racine Olson

By Lane V. Erickson

Probate in Idaho is controlled by its statutes and is fairly straightforward. However, there are several different varieties of probates that exist according to Idaho statutes. The type of Idaho Probate that a person will need as a surviving spouse really depends on their circumstances and situation. Here are 3 types of Idaho Probates a surviving spouse should know about.

1. An Affidavit of Heirship

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Basics About Idaho Employee Handbooks

Published on: September 9, 2016 | by Racine Olson

By Lane V. Erickson, Attorney

An employee handbook is a written document that provides an explanation of the workplace, and contains the employer’s policies and rules for new and existing employees. Employee handbooks do not have to be lengthy.

To accomplish their purpose, most Idaho Employee Handbooks contain basic information. Here are some of the basic things that are in an Idaho Employee Handbook:

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