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...
Ask the legal expert: How can I legally limit my nurses’ penchant for texting?
By
John Durso
Sep 01, 2011
John Durso, Esq. Ungaretti & Harris LLP
Ask the Legal Expert about … disclosure of resident information
By
John Durso
Aug 06, 2016
I trusted my software vendor but wound up having some resident personal information made available to the public. If a resident pursues a claim against us, can we seek damages from the vendor? What is...
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...
As the legal expert … about union organizing
By
John Durso
Feb 01, 2015
I have heard that an employee is starting to organize unionization efforts on her Facebook page. What can I do?
Ask the legal expert … about antipsychotic medication liability
By
John Durso
Dec 01, 2013
I’m an administrator who’s read all of this stuff about overuse of antipsychotics on long-term care residents. I like and trust my director of nursing, medical director and clinical staff —...
Ask the legal expert … about mandating flu shots
By
John Durso
May 01, 2013
We’ve decided that next flu season we’re going to mandate our staff members get flu shots. Are we on firm legal ground?
Ask the legal expert … about surveyor citations
By
John Durso
Jun 05, 2015
One of the first opportunities for a facility to refute surveyor citations or deficiencies and have the survey agency remove them is the Informal Dispute Resolution (“IDR”) process or, when...
Ask the legal expert … how to deal with someone leaking information
By
John Durso
Mar 02, 2013
Someone leaked sensitive patient information to the press after we had a recent fire here. What steps can/should we take to investigate or determine who the leak was?
Ask the legal expert: Are pregnant employees covered under the Americans With Disabilities Act?
By
John Durso
Aug 01, 2012
Pregnancy alone is not considered a disability under the Americans With Disabilities Act. Only conditions that are the result of a physiological disorder are “impairments” under the ADA.