Ask The Legal Expert: Second chances on prospective employee drug tests?
By
John Durso
Nov 02, 2018
A prospective employee’s background drug test came back positive and he staunchly disputes the results. We need all the workers we can get. Under what grounds should/could we retest him? Do we owe him...
Ask the legal expert about … apologies
By
John Durso
Sep 05, 2018
Is it smart to apologize to a resident or the resident’s family, or will the apology increase the chances for a lawsuit against the organization?
Ask the Legal Expert about … sexual harassment investigation
By
John Durso
Aug 09, 2018
Our executive director has been accused of sexual harassment by a mid-level manager. How should we investigate this properly?
Ask the Legal Expert about … nonprofit status
By
John Durso
Jul 09, 2018
How can we make sure we keep our nonprofit status intact? What are the most common transgressions (inadvertent or not) which lead to loss of section 501(c) 3 tax exemption status? As you know, there are...
Ask the Legal Expert about … Overtime laws
By
John Durso
Jun 08, 2018
Some of our staff are super-diligent and work right through lunch breaks sometimes. Can we get in trouble with OSHA or other regulators if we stress to them to take their breaks but they still don’t?
Ask the Legal Expert about … liability for subcontractors
By
John Durso
May 08, 2018
One of our subcontractors did not follow our falls protocol. The person directed our staff to “let her rest and she will be OK.” The resident was severely injured and her condition was made worse by...
Ask the Legal Expert about … off-duty abuse allegations
By
John Durso
Apr 08, 2018
A member of our executive team is going through a divorce where his ex-wife alleges physical abuse. What should we do?
Ask the legal expert about … liability in flu cases
By
John Durso
Mar 08, 2018
We’ve taken reasonable precautions, posted signs, added many hand sanitizers, urged hand washing or mask wearing by visitors, etc., but one of our residents got the flu. Now family members are trying...
Ask the Legal Expert about… taking pictures of staff
By
John Durso
Feb 08, 2018
Can a client or patient take pictures of staff sleeping or relaxing on the job, or of his personal belongings?
Ask the legal expert about … employees’ social media choices
By
John Durso
Jan 08, 2018
One of our employees has public photos on Facebook where he’s in drag, and a board member complained. How should we tackle employees doing potentially embarrassing things away from work, yet in a...