Idaho Law Blog

What is an accord and satisfaction under Idaho law?

Published on: September 12, 2016 | by Racine Olson

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.

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.

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.

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.

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.

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

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:

4 Things to Know About Idaho Rental Property and Security Deposits

Published on: September 9, 2016 | by Racine Olson

By Lane V. Erickson

For nearly twenty years I’ve represented both landlords and tenants with regards to issues concerning the rental of Idaho real estate. The majority of the issues that come up involve residential real estate. Perhaps the most frequent issues that arise have to do with security deposits. Here are four things every person should know about Idaho rental property and security deposits.

1. Not Everything is Rent

Is it a Gift or Satisfaction?

Published on: September 9, 2016 | by Racine Olson

By Matthew P. Stucki

Confusion can arise in cases where an individual that has a Last Will and Testament makes a gift to a named beneficiary and is silent as to the intent of the gift. This confusion stems from the question as to whether the gift to the beneficiary is in addition to what he or she will inherit under the Last Will and Testament, or is the gift to be deducted from what he or she will inherit under the Last Will and Testament.

In Idaho, “property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction.” Idaho Code § 15-2-612.

Job Search: How You Can Increase the Value of Your Idaho Worker’s Compensation Claim

Published on: September 8, 2016 | by Racine Olson

By Fred J. Lewis

Most serious on-the-job injuries to Idaho workers result in permanent injuries. Typically, you will be given restrictions by your treating doctor that will end your employment with your current employer. Most injured workers in Idaho have a difficult time after they have lost their employment because of an on-the-job injury. You may find yourself getting depressed and not knowing where to turn next.

If retraining is not possible and you cannot return to your former employment, your new job will be looking for a job and documenting the entire work search. The Idaho Worker’s Compensation law requires that you do all you can to find a job that is at or near your pre-injury wage. The Idaho Industrial Commission provides rehabilitation caseworkers that will assist you in your job search. However, only you can actually go out and do the job search in the form of obtaining job leads from the Idaho Department of Labor, searching the internet, and networking with potential employers. Every step of your job search must be documented and contemporaneous records need to be kept so that you can offer this documentation as proof of your job search. If you do not write this information down and keep copies of applications the Idaho Worker’s Compensation system will assume that you did not do the job search.