Business Owners and Family Law 3: A 3 Part Series

Idaho Family Court Dates

This is the last in a 3 part series on what business owners need to know about family law.

Business Owner rules to remember.

You must stay tuned to the stress and time interference's your employee must endure. Their timing and productivity for you can be affected.

Court appearances can quickly spring for your employee. Decisions are made from both sides and both must respond to the other. Sometimes, your employee must simply leave to take care of court/child situations that they have not historically needed to handle. Your employee is captured by the Court’s calendar and his/her lawyer’s limited availability.

With minor children involved, the case can be re-opened several times over the next many years and your employee will have to deal with most of the same hassles all over again each time.

"I have a business to run so I may just have to fire the employee so I do not have to deal with the this distraction...right?!

No, that's not right. Let me tell you a little story. It is interesting to watch some people talk to judges in Court. Especially in criminal cases, a person may tell a judge that he/she “forgot” to do what the judge “asked.” As one of our able and experienced judges in my local district tells these people… “I do not ask…. I Order.”

Even though we think we live in a democracy, it is important to remember the force of a court order and a court order’s potential ramifications.
* "...but that is all about my employee, not my business or me!"*

As a named party to a litigation (divorce/paternity/custody is litigation), a notice to appear at a hearing, trial and/or deposition is a court order. (This also applies to merely witnesses who have been subpoenaed).

As an employer, if one reason for firing the employee is because that employee attended a proceeding pursuant to basically, a court order…. You are asking for trouble. The Court’s schedule, the Court’s calendar and the Court’s business TRUMPS your business, EVERY TIME!

So can you do anything about this loss of productivity you suffer because your employee is going through a litigation? Perhaps. Again as each situation can be different, before you take action that could be adverse to your employee, you must consult with your… hated lawyer!