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James M. Bendell
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James Bendell’s Answers

38 total

  • I was fired unjustly, after 11 years., For having Macular Degeneration. CAN THEY DO THIS LEGALLY?

    I am 57 years old and worked on a Community owned golf course for 11 years in N. Idaho. Found out I have Macular Degeneration & made the mistake of telling a member. Now they are not calling me back net month, saying the Landscape Comm. has taken ...

    James’s Answer

    As the other writer responded, Idaho is an "at will" employment state. However, the key here is whether terminating you to hire a lower paid worker was a mere pretext to dismiss you because of health issues. The latter would be illegal under the Americans with Disabilities Act. The tough problem is proving intent.

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  • I got a subpoena to appear in court the day of court & the next 2 days, i went & now they r going 1 more day, do I have to go?

    Real estate appraiser, did an appraisal. They r getting a divorce & can't use the appraisal without me verifying it.

    James’s Answer

    Ignoring a subpoena can risk contempt of court. But I think you should ask the attorney to compensate you for your professional time.

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  • How much trouble am I looking at?

    I'm on probation for a second DUI my first was about ten years ago in a different state. I been on probation now for about six months and are up to date on my probation fees and have not violated at all. Recently my buddy was pulled over for a tra...

    James’s Answer

    Actually adults on probation can be subject to curfew. You shoild as your PO if you are subject to a curfew.

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  • Can we terminate a staff for fear of them stealing from the elderly they care for?

    if an police officers comes looking for a staff and says its due to theft, valuables, elderly/grandmother, do we have the right to terminate the employee if our business is assisted living for the elderly who have valuables and money.. I am not su...

    James’s Answer

    Idaho is an at-will employment state, which means you do not need a specific reason to terminate employment. However, you may wish to exercise caution on what you report to the unemployment office and what you tell other future employers of this person. One fourth of all libel lawsuits in the US arise out of bad employment recommendations. On the other hand, it would be unfair to mislead future employers about this person's honesty. Keep in mind that, until this person is convicted, she is presumed innocent. You are in a tricky situation.

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  • If my son got arrested for drug poss after a traffic stop and there was no probable cause for the stop will it be dismissed?

    The officer stopped the vehicle stating the tail pipes were illegal in Idaho. He had a misdemeanor warrant and then scared him into admitting drugs were in the vehicle. I believeand am told that they are stock on his honda and I'm looking in...

    James’s Answer

    You are correct that a lack of probable cause to stop a vehicle could result in the case being dismissed by a judge. Your son's admission could complicate the picture, but the first thing that needs to be done is to look into the legality of the tail pipes.

    James Bendell
    The Grupp Law Firm
    842 W. Kathleen Ave.
    Coeur d'Alene, Idaho 83815
    (208) 665-4600

    >

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  • Should i meet with dea if no charghes have been made

    Include background information that will enable lawyers to answer your question.my home was raided things where taken. I was not there . they say they had a surch warrant, no one has seen it. I was told they went to my home 3 differant times, I st...

    James’s Answer

    You should only consider speaking with them after consulting with a attorney about all details. You should also bring your attorney with you.

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  • I got a dui and served four days in jail when i go to court what should i expect to get it is my first if that helps

    i posteed bond and am waiting trial-

    James’s Answer

    Unless you have a criminal history you may not receive additional jail time, but there will be fines and license penalties. You should probably have an attorney to represent you because this is a complex area of the law.

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  • Can something be done about this?

    My boyfriend had court the 24th. (Last friday) his attorney called him the 23rd and said he didnt need to appear. Last night, the 2nd, he was arrested for failure to appear.. he was told he didnt have to go. Can he do something about this?

    James’s Answer

    Yes, he can sue the attorney for negligence.

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  • What steps, who and where does one report a possible forgery from ex-husband to be?

    2 checks with my name on it were refunds for medical bills. Bank told me the checks were deposited into his acct with his deposit slip. Signature looks something like mine but "for deposit only" looks like his. I never signed them or received th...

    James’s Answer

    You should first hire an attorney who will act as buffer with prosecutor and hire expert.

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  • How do I close the Door to the Past, so that the Door's to my Future can Open!!!

    I have an extensive record from my youth through my late twenties. I am now 43 years old. A married father of three, and am about to graduate from college with an AS in Gen. studies. I have found my calling in life, and it is to help the cancer...

    James’s Answer

    I agree with William Conner's answer.

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