Category Employment Law

Save Tens of Thousands in Taxes by Giving Away Something You Didn’t Want to Own Anyway

I know – the headline to this article sounds too good to be true, but it IS true! It’s called a “conservation easement,” it’s perfectly legal, and it may be the smartest financial move you ever make. There is one caveat — you have to own land, a portion of which has not been developed. Maybe […]

Win!

Last Friday, Learned Lawyer and Seiniger Law Offices obtained a judgment for $160,000 in favor of our mutual client, Danielle Sisayaket, against the Nampa School District! You can see the interview with Danielle and Breck here.

Can my ex get out of child support through bankruptcy?

One of my clients, who is owed past-due child support from her former husband, learned that he recently filed bankruptcy.  She wondered whether he can discharge the past-due child support through that bankruptcy.  The short answer is that he cannot get rid of his past-due support through bankruptcy.  Indeed, the only way a person can […]

FMLA follow up

What do the U.S., Lesotho, Swaziland, and Papua New Guinea have in common? Here’s a hint: it relates to my last post on the Family Medical Leave Act. Stumped? Those four countries are the only ones that do not mandate some form of paid leave for new parents. Happy mother’s day!

What is Family Medical Leave or FMLA Leave?

The Family Medical Leave Act (“FMLA”) is a federal law that requires certain employers to give unpaid leave to employees who are experiencing certain family or medical issues.  This post will address some common questions about FMLA and its usage. FMLA applies to all public employers (including state and local governments and schools), but only […]

Are Settlement Proceeds or Judgments Taxable?

It’s great when I’m actually able to recover money on behalf of one of my clients, either through settlement or judgment.  However, one client recently inquired whether such money might be taxable.  Thus, this blog post.  The quick answer?  As with most legal concepts, there is no quick answer. The IRS has a helpful publication, […]

Termination of an employee due to her “irresistible attraction”? Lawful.

The Iowa Supreme Court (yes Iowa, not Idaho – I do know the difference!) issued an interesting opinion on December 21, 2012 in the case of Nelson v. James H. Knight DDS P.C.  Although the opinion only applies directly to Iowa law, it is an interesting case, and illustrates the oddities of employment law in our […]

Does a company violate ADA by firing someone because she is heavy?

I recently attended an interesting presentation on the obesity epidemic, which used to be an American issue but is more and more becoming a global one.  In Japan, for example, companies are required to measure their employees’ waistlines and companies face penalties if their workforce remains over the Japanese national guidelines (of 33.5 inches for […]

What does “at will” employment really mean?

Most folks in Idaho know that generally employees are hired under the “at will” employment rule.  Theoretically, this means that an employer can fire someone for (the cliche) “good cause, bad cause, or no cause at all.”  It also means that the employee can quit at any time and for any reason.  However, lots of people misunderstand […]

What is GINA?

The Genetic Information Nondisclosure Act of 1998 (“GINA”) deals with the use of genetic information in insurance and employment.  Prior to GINA, there was a fear that, as doctors make increasing use of a patient’s genetic information in the diagnosis and treatment of disease, insurers and employers would make increasing use of such information for […]