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Paula Brown Sinclair

Paula Sinclair’s Answers

9,038 total


  • Please help, I am not sure what to do.

    I was recently fired from my job. The manager and I were friends, but because of an incident that happened outside of work, she fired me. I have been told by another person that she approached them and accused me of stealing from work. Over 600$ w...

    Paula’s Answer

    With apologies for the bad news to be delivered: Idaho is an employment-at-will" state, which means employees without a contract or civil service appointment can be fired for any reason or no reason. Slander is not prosecuted as a crime, and pursuing it as a civil matter is almost always a costly misadventure. Entitlement to unemployment insurance benefits is another matter, and may provide a forum that forces the employer to either prove the allegations, or admit they were false.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.r

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  • Do both spouses have to sign the contract for home improvement/repair services (electrical, HVAC, plumbing) in Idaho?

    One company says both myself and my wife need to sign the quote for a home improvement/repair job. Another says only one of us needs to sign. Who is right?

    Paula’s Answer

    Both contractors are right, because they set the terms of the contract. Under Idaho community property law either party can manage and commit community property to such a contract. Whether both names would be needed to support a lien for payment if you fail to pay, may indicate one contractor is thinking farther ahead than the other.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • What options do we have if a local prosecutor decides a complaint does not rise to the level he wishes to prosecute?

    My wife was assaulted and hit by her boss at work. The incident was witnessed by another employee who has filed a statement. My wife reported the incident to the general manager and then quit her job. She filed a report with the police department ...

    Paula’s Answer

    No pursuit for criminal charges will be possible. Prosecutors are vested with broad discretion in matters of prosecution: when, if at all, and what charges. Prosecutors base those decisions on a wide variety of factors including strength of the evidence and office resources needed to take charges to trial. A civil action for damages is possible, but really-- what are the damages? Wounded pride?

    If this is a matter of poorly control revenge motives, please reconsider and move on.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can anything be done to fix this? Help please.

    In Feb 2007 my ex boyfriend (father of my 4 older kids) had sex with a 15 yr old girl and impregnated a 17 yr old girl. The police came and questioned him and I. I was told that I was being placed under arrest because " They think I thought about...

    Paula’s Answer

    Most respectfully, you have posted on a public forum for questions about the law and legal procedure. At most general information on those topics is available here. Because you have hour own counsel, "advising" action on your part would be irresponsible of other attorneys. Further, including information that may be confidential to your attorney-client relationship on a public forum is unwise and may sabotage your attorney's efforts. To delete this post, contact Avvo customer service.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Options for spouse who repeatedly fails to follow divorce decree?

    Every since we signed our divorce decree 4 years ago my ex rarely follows the divorce decree, notify when leaving specified area with minor, first right of refusal with minor child when she leaves town, etc. I know they are minor things to most, ...

    Paula’s Answer

    Divorce decrees and court orders are enforced through the contempt powers of the court entering the order. There is no other magic solution to compel compliant behavior. Contempt, of course, is an ill-suited remedy for the behavior described. Time with a child lost to non-compliance cannot be replaced, and it is always a difficult judgment call to decide whether the non-compliance rises to the level of contempt. Further, the failure to timely complain of non-compliance suggests consent to the non-compliance. To know more precisely how the court that entered the decree will view these factors, consult with experienced family counsel who regularly practices in that court.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can I be told I am responsible for attorney fees and told to pay it when I am served with a summons?

    My wife and I were served with a summons after a debt had been in collections for two months. In the envelope with the summons was a letter from the collection agency saying that we were now responsible to pay them the attorney fees. If we signed ...

    Paula’s Answer

    Ignore speculative "answers" by attorneys licensed elsewhere. We don't expect them to know how Idaho law works, and without knowing that their "answers" are misleading.

    Attorneys fees are not negotiated before filing suit. Unless you had a formal written agreement that the collection agent would delay filing suit while you made specific payments, suit can be filed at any time. The Complaint that accompanied the Summons is nothing by a wish-list (and must include a claim for attorney's fees lest the claim be forfeited). If you default or lose, attorney's fees will be awarded in a sum up to one-third the amount of the principal claim of the debt.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Doesnt food cost in daycare need to be covered by the child support recipient if it is daycare during her time with the child?

    I pay child support and half of day care cost. Recently, day care cost went up because the mother thinks I should help pay for food while at day care. My child support covers food, clothing, etc while my son is not with me. My son is going to da...

    Paula’s Answer

    It would be a rare legitimate daycare indeed that charges "extra" for food. In fact, it may be a violation of their license. What would they do if a parent failed to pay the "extra" charge, starve the child? The day care cost to which a child support order refers is the daycare's standard cost of care. Ask the daycare what their rate is, and arrange to pay half, as court ordered.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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  • Can I stay at a place that's safe but not family if my mom is homeless and possibly on drugs?

    I'm in a bad situation some friends took me in to their home because my mom is unfit the only legal parent I have I have no fit family to take me in I'm safe here my mom treatens to call the cops on me for being a runaway if I'm not home by tomorr...

    Paula’s Answer

    You don't mention your age, and that could be important. You also don't mention other possible resources, such as a trusted adult at school or a pastor. With the help of a trusted adult, contacting Health and Welfare Child Protective Services may access the help you need. Good luck to you, and don't give up.

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  • Is it legal to isolate some children from a parent by not setting up phone service in assisted living facility in ID?

    Some children are concerned about elder abuse by other siblings with regard to isolating their father from them by not setting up phone service in his assisted living facility room. The parent was moved to a higher skilled facility and the phone ...

    Paula’s Answer

    There is no law in Idaho that addresses these issues, nor should there be. The law is simply not designed to govern human behavior on a day to day level (except, of course, in the matter of the commission of crimes).

    Obviously, on the other hand, there are family relationship issues worthy of thoughtful consideration. The legal procedure that would commence this consideration is called guardianship. The guidance and assistance of experienced elder law counsel will be important.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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