Erika decided she wanted to be a lawyer in the fifth grade after winning a classroom debate about abolishing the automobile ("millions of children and household pets are killed each year by cars!"). She later took her best friend "to court" during a monopoly game dispute. In Jr. High, Erika drafted a contract with her parents providing that she be allowed to have pet parakeets once their basement was remodeled. She enforced her rights pursuant to that contract (written on a recipe card) five years later to the dismay of her parents. During a debate competition in high school, Erika and her debate partner (who will remain anonymous to protect his innocence) came up with a scheme: instead of trading off arguing the pro vs. con on nuclear proliferation as was required, Erika always argued the con, and her partner always argued the pro. They were impressed with the brilliance of this scheme until they were busted by the debate coach who figured it out when the judges' reports referred to "Erika Birch" and "she" in round one, and "Erik Birch" and "he" in round two.
With all that legal experience, she argued for a law school waiver, but it was denied. Therefore, she attended law school at the University of Colorado School of Law in Boulder where she received her J.D. in May 2000. Erika started her "real" legal career as an associate with the Denver firm of King & Greisen, formerly known as King Clexton & Feola, where she worked in the areas of employment and civil rights law. In December of 2001, she tried her first employment discrimination case to a Colorado jury in federal court. The jury awarded $1,750,000 in compensatory damages to her client, a former prison guard who was sexually harassed by her supervisors and then retaliated against for complaining. The judge then awarded nearly $450,000 for economic losses.
When she and her husband decided to move back to the Salt Lake area, she began looking for work doing what she loved – employment law. Luckily there are not many firms practicing employment law for employees and we were able to convince her to come work for Strindberg & Scholnick in August 2003. Erika became a partner of the firm in January of 2006.
Erika and her family moved to Boise, Idaho in 2007 so that she could open up the firm's first extension office in Idaho.
She is currently licensed in Idaho, Utah and Colorado. Erika is the past Chair of the Employment & Labor section of the Idaho Bar. She is also a member of the National Employment Lawyers' Association, Idaho Trial Lawyers' Association, Idaho Women Lawyers, Inc., and the Federal Bar Association.
She enjoys spending time biking, boating and relaxing in Boise with her husband Grady, her two children Annabel and Harrison, and their dog Jelly.
Erika Birch's Resume
Education
University of Colorado, College of Law, Boulder, CO Juris Doctor, Top 1/3 of Class, May 2000; Legal Aid Clinic, 1999-2000
Westminster College, Salt Lake City, Utah Bachelor of Science, magna cum laude, Economics; Minor in English Literature, December 1996
The Center for Bilingual Multi-Cultural Studies, Cuernavaca, Mexico, Intensive Spanish language program, Summer 1995; completed intermediate course work in language and cultural studies
Work Experience
Strindberg & Scholnick, LLC
Managing Partner, Boise, Idaho
June 2008 to Present
Partner, Salt Lake City, Utah
January 2006 to Present
Associate Attorney, Salt Lake City, Utah
August 2003 to December 2005
Articles and Presentations
Co-Author, “The Impact of Leaving Idaho’s Government Employees Unprotected” (Spring 2014); Co-Author, “In Defense of Twin Protectors of the Middle Class: Civil Service and Labor Unions” (Winter 2011/12); Co-Author, "Is Legislation Necessary to Protect Transgendered Employees" (Fall 2008); Co-Author, "Tademy v. Union Pacific Corporation: A Plaintiffs' Victory in the Tenth Circuit" (Summer 2008); Co-Author, Co-Author “Litigating Against State and Municipal Governmental Entities” (2003) “Nuts and Bolts of Trying a Sexual Harassment Case” (June 2002).
Organizer and Presenter on employment related topics at Idaho State Bar Convention (2008 - 2011). Speaker on wide variety of employment law topics at various continuing legal education events and conventions (2001- present).
Published Cases
Garcia v. Western Waste Services, Inc., 969 F. Supp. 2d 1252 (D. Idaho 2013); Lowe v. Idaho Transp. Dept., 878 F. Supp. 2d 1166 (D. Idaho 2012); Mills v. Intermountain Gas Co., 857 F. Supp. 2d 1034 (D. Idaho 2012); Tademy v. Union Pacific Corp., 520 F.3d 1149 (10th Cir. 2008); Etsitty v. Utah Transit Authority, 502 F.3d 1215 (10th Cir. 2007); Walker v. City of Orem, 451 F.3d 1139 (10th Cir. 2006); Cummings v. Norton, 393 F.3d 1186 (10th Cir. 2005).
Memberships
Utah State Bar, admitted 2004
Idaho State Bar, admitted 2007
Colorado State Bar, admitted 2000
Member of: Idaho Trial Lawyers Association; Labor and Employment Section of the Idaho State Bar; ACLU of Idaho Affiliate and Foundation; Litigation Section of the Idaho State Bar; Inn of Court No. 30; Idaho Supreme Court's Advancing Justice Committee; Idaho Women Lawyers; Federal Bar Association (including Idaho Chapter); National Employment Lawyers Association; Grateful Dead Fan Club.
