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Idaho Questions & Answers
1 Answer | Asked in Employment Discrimination for Idaho on
Q: I've done a job for 7 years and now they are saying they require a bachelors degree. It is a contract position. Help

The position is a contract position with the National Guard. I have been employed here doing the same job for 7 years in May. There is no grandfather clause, no allowance for years of experience. Is this legal?

Jeffrey Hepworth
Jeffrey Hepworth
answered on Mar 19, 2018

The answer to your question requires more information about your particular job and the nature of your employment, such as when your contract expires. As a general matter, it is not necessarily illegal to change the job requirements/description of a position if done in good faith. However, it would... View More

1 Answer | Asked in Employment Discrimination for Idaho on
Q: What should I be aware of and documenting if I feel I'm being discriminated against because of my age?
Jeffrey Hepworth
Jeffrey Hepworth
answered on Mar 19, 2018

The short answer to your question is that you should be documenting EVERYTHING. If litigation becomes necessary, it is helpful to show the totality of instances where you believe you are being discriminated against. Important evidence can include comments where your managers/supervisors/co-workers... View More

1 Answer | Asked in Personal Injury for Idaho on
Q: Can I go back to the insurance company and renegotiate my settlement - am finding the money doesn't cover care.
Kurt Holzer
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Kurt Holzer
answered on Mar 16, 2018

Generally speaking the answer is no. The whole point if a settlement is that you release the claim. Insurance companies often try to get people to settle for less than a claim is worth and that is one of the reasons to have a good attorney involved in evaluating your case in the first place.... View More

1 Answer | Asked in Business Formation and Business Law for Idaho on
Q: buying a business, I was informed the seller owes money to last owner, how does that affect me?
Michael Hales
Michael Hales
answered on Mar 9, 2018

It will effect you if you buy the business along with its current obligations. For this reason, it's important to structure the sale so that it protects you against claims directed at the former owner.

1 Answer | Asked in Contracts for Idaho on
Q: My chiro wants to charge me double for past services if I leave and stop payments. According to them, no contract on fil

My chiropractor wants to charge me double for past services if I leave and stop payments. According to them, there is no contract on file for amount for each service. Can I tell them to cease and desist? Will they come after me for services rendered?

Michael Hales
Michael Hales
answered on Mar 9, 2018

Depending on the amount of money involved, I'd recommend just working this out with the office. I assume that their argument is that they gave you a discount for a long-term service agreement, but without any writing, this will be difficult for either side to prove, leaving you with the... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Idaho on
Q: Here is a real case. . A surgeon promised a patient that she had a “0% chance of death” prior to surgery in relation

to the exact procedure he was going to perform, not the general inherent risk of death with all surgery, and the patient died. Then right after the surgery, while the patient was still bleeding to death in the operating room the surgeon admitted to the family that he “never should have done the... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 5, 2018

The case should be reviewed by a member of the Idaho Assn for Justice who handles medical cases--they give free consults.

1 Answer | Asked in Probate for Idaho on
Q: Do I have to sign a disclaimer of interest on my mothers estate/probate in FL? And if I don't what will happen?

My mother passed Nov 8th 2017 without a valid will. My brother hired a probate attorney and insists I have to sign a disclaimer of interest. Matter of fact he has become very verbally abusive over it. He claims everything is his..house, van, all my mothers belongings. My other brother and sister... View More

Michael Hales
Michael Hales
answered on Mar 1, 2018

This is interesting since I'm licensed in Idaho and Florida. Although I haven't done a lot of probate work, it seems that there are a couple of red flags here. I'd recommend having your own attorney review the progress of the case thus far. If you need a referral for an attorney in... View More

1 Answer | Asked in Employment Law for Idaho on
Q: Can an employer require you do pre-work for the day, off the clock and not start paying until a first assignment?

It is a mobile service, we drive a company truck to clients houses and preform the service. Previously we clocked in at the start of the day (say 8:00 am) and started getting our trucks ready for our assigned routs. Now, we are to get our trucks ready and drive to the first assigned house and... View More

J. Grady Hepworth
J. Grady Hepworth
answered on Feb 27, 2018

Your question is complex and to answer it more directly would require more information. The answer may depend on whether you are an independent contractor or an employee. However, if you are an employee and your employer "requires" this work to be done, it may be a violation of the Fair... View More

1 Answer | Asked in Business Law and Civil Litigation for Idaho on
Q: Hoa cancelled contract. That person took all the money and closed bank account. can they do that

Our Hoa contracted with an individual to handle our financial affairs, pay bills, accept payment and deposit money and keep records. Person violated the terms of their contract. The HOA cancelled the contract and notified individual by mail and 3 cease and desist letters. Person went and closed our... View More

Michael Hales
Michael Hales
answered on Feb 22, 2018

It appears that the HOA has a case for fraud. I'd recommend contacting a qualified attorney right away.

1 Answer | Asked in Divorce and Immigration Law for Idaho on
Q: Does America accept divorces obtained in Denmark? (Regards to K1 visa)
Jordan C. Moody
Jordan C. Moody
answered on Feb 21, 2018

With a few nuances, the rule is that if the divorce decree is accepted by a recognized government, the U.S. agencies will recognize it for purposes of immigration, K-1 in your case.

So in this situation, if Denmark recognizes the divorce with the documentation that you have, then U.S....
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1 Answer | Asked in Business Law for Idaho on
Q: If a credit card company has written off my debt on their taxes, can a collection company still collect from me?
Michael Hales
Michael Hales
answered on Feb 14, 2018

My suspicion is that the company wrote your debt off when it sold it to the collection company. However, I'd recommend having an attorney review the situation for you to give a more definitive answer.

1 Answer | Asked in Business Law and Collections for Idaho on
Q: Collection company still collect after debt has been written off?

Credit card company has my debt written as a tax write-off. Collection company is still trying to collect. If the first company writes off the debt, can a collection company collect off of it?

Michael Hales
Michael Hales
answered on Feb 14, 2018

My understanding is that they can. The company wrote off the debt when they sold your account to the collection company. I'd recommend reviewing the whole situation with an attorney.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Idaho on
Q: Can I be sued for trespassing and shelter fees?

I was having a conversation with the dog's owner when the dog came up, wanting to be petted. Owning a dog, I naturally began to pet the dog while carrying on the conversation. The dog suddenly became aggressive and bit me. This is not the first time this dog has attacked someone. I am now... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2018

If you are speaking to the owner you are not trespassing unless there's something I'm missing. If you knew the dog was dangerous you may be considered careless for putting your hand down, unless you felt that with the owner there the dog wouldn't do anything.

If the owner...
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1 Answer | Asked in Consumer Law and Contracts for Idaho on
Q: Should we be able to get our money back?

My wife and I went to our gym in 2016 told them we wanted to cancel, the desk worker confirmed we were cancelled and would no longer be charged. A year later we have discovered that we are still being charged. I called the billing company and they say that per our contract we have to write a letter... View More

Michael Hales
Michael Hales
answered on Feb 8, 2018

While I feel that you have a valid complaint, the issue will be proving that you gave the verbal cancellation. Is there anything evidence from that day?

1 Answer | Asked in Contracts for Idaho on
Q: If a guy and i sign a contract for him to give me money and he doesnt give it to me can i do anything?

my mom was gonna pay the money back. She signed it and was gonna pay it back after selling her house. The money is now in an annuity.

Michael Hales
Michael Hales
answered on Feb 8, 2018

Sounds like you have a claim for breach of contract. However, this is an area of law that has many exceptions and rules, so I recommend having an attorney review the situation, especially if it's a substantial amount of money.

1 Answer | Asked in Divorce and Family Law for Idaho on
Q: I inherited $ from a grandparent. I used part of the money to buy a vehicle. My ex says it's now 1/2 hers. True?

I live in Idaho. Is this my property because of this or is my ex entitled to 1/2? Thanks

Paul Waldron
Paul Waldron
answered on Jan 31, 2018

The legal answer is always, "It depends".

In Utah, your inheritance is your inheritance. However, it does depend on whether you commingled your inheritance money with marital assets prior to your divorce. For example, did you put the money in a joint bank account before you...
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1 Answer | Asked in Copyright for Idaho on
Q: Is it against the law to have the intent to steal copyrighted or patented information.
Morgen Bowers
Morgen Bowers
answered on Jan 29, 2018

Generally speaking, if it is just one person who has not do anything in furtherance of actually stealing, then no, it isn't illegal -- i.e. it isn't a illegal to just have the idea in your head, you have to take some sort of action to accomplish the goal (e.g. downloading or copying the... View More

1 Answer | Asked in Personal Injury for Idaho on
Q: How does a personal injury lawsuit turn into a criminal case?
Kurt Holzer
PREMIUM
Kurt Holzer
answered on Jan 12, 2018

A personal injury case is a civil case. A civil case is a private lawsuit brought by a one person against another person. A civil case provides compensation to the injured person. On the other hand a criminal case is brought by the State of Idaho against a person for an act the law says is... View More

1 Answer | Asked in Family Law, Personal Injury, Car Accidents and Insurance Defense for Idaho on
Q: Do I have a case if I was injured in an accident as an adolescent more than two years ago but suffer from pain still?

Accident occurred as an adolescent but due to my injuries sustained in accident and lack of medical care due to legal guardians ignorance I now suffer from constant pain as an adult. Can I still seek compensation for pain and suffering due to an accident that occurred 10 or 11 years ago?

Kurt Holzer
PREMIUM
Kurt Holzer
answered on Jan 12, 2018

The Idaho statute of limitations is generally 2 years. If you are under 18 it can be extended for either an additional 6 years or until you turn 20 whichever comes first. SO if it been more than 10 years than the unfortunate answer is no

1 Answer | Asked in Health Care Law and Medical Malpractice for Idaho on
Q: I tried to get my child inpatient mental health help. She doesn't think it's helping, wants to come home. I was told she

will be probably be put on a hold if we try to take her home now. And that could last for days until the courts work it out. I want my child and think it is illegal for them to hold her against my consent. We live in Idaho. If we agree to a safety plan is it illegal for the facility to hold her... View More

J. Charles Hepworth
PREMIUM
J. Charles Hepworth
answered on Jan 12, 2018

These situations are incredibly difficult. Although it is marked as a medical malpractice question it really is not that. I am sorry I cannot give you a legal evaluation of your question

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