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Monday, August 26, 2013

The number of employees that an employer has can dictate what employement laws might apply.  As an employer and an employee, know your riights.  Know how many employees work at the company and know what laws apply to the employment workplace. 

 

 

Posted by eswartz at 8/27/2013 3:43:00 AM

Employers, don't wait!  Wage claim demands are serious business.   If you do not pay wages when due, you could be faced with having to pay three-times the ammount due plus your employee's attorney fees and costs.  If you get an employee's wage claim, do not wait.  Hire counsel immediately to assist you with evaluating the claim. 

Employees, if your employer is not paying wages due to you, don't wait.  If your employer is not paying you what they promise - whether the correct wage, salary, or overtime - don't wait in making a wage claim.  Idaho's statute of limitations on a wage claim is incredibly short - you only have six months from the accrual of your claim for wages to make the wage claim.  An employer's promise to pay can extend the statute of limitations.  Best course of action, however, is not to delay in pursuing your wage claim - even if your employer is promising that they will pay.  

 

Posted by eswartz at 8/27/2013 3:32:00 AM
Wednesday, July 31, 2013

As an attorney practicing civil litigation, I have become familiar with the legal system.   Through research, I have become familiar with various areas of law.   Listening to clients is how I learn about a case.  

Posted by eswartz at 7/31/2013 7:02:00 PM
Monday, June 3, 2013

Summary: In Glaccum v. Mizer et al, Blaine County Case No. CV2012-853, the Court granted the Plaintiffs’ Motion for Summary Judgment challenging Defendant’s Affirmative Defense that Idaho Code 6-1012, Idaho Medical Malpractice statute, applied to a Licensed Pharmacist refilling a prescription.  The Court dismissed Defendant’s Affirmative Defense finding that a Licensed Pharmacist is not a “provider of health care” under Idaho Code 6-1012.   

 

 

Posted by eswartz at 6/3/2013 10:54:00 PM
Friday, January 18, 2013

Did you see that?  If so, there is a chance that you can be dragged into someone else’s lawsuit.  Just because you are not a party to a lawsuit, do not assume that participating as a witness is without its risks.    

Before answering any questions, contact your personal attorney or corporate attorney, to inform them of the fact you have been contacted by another attorney.  If you do not have a personal or corporate attorney, you should seek legal counsel and avoid proceeding on your own.  Involving an attorney, even for the most basic request, helps ensure that you understand the full scope of the issues involved.  Having your own counsel is also a good idea because your attorney will be looking after your best interest and help you avoid certain pitfalls of providing testimony.    

The last thing you want to do is get dragged into someone else’s lawsuit.  Going from witness to party is, sometimes, easier than people think.  Giving testimony also potentially implicates your Fifth Amendment Right against self incrimination.   

Depending on the nature of the lawsuit in which you are being asked to give testimony, and your level of involvement, there may be no avoiding being a witness or brought into the lawsuit as a party.  But, consulting with an attorney can help you state just the facts while guarding against sinking your own ship.    

Posted by eswartz at 1/18/2013 5:21:00 PM
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