Ask the legal expert: How much harassment is too much, so that we could or should discipline an employee...
By
John Durso
Nov 14, 2019
How much harassment is too much, so that we could or should discipline an employee in a position of power? There are federal and state laws that prohibit discrimination against protected categories, such...
Ask the legal expert: Can we limit disclosures that breach our privacy policy?
By
John Durso
Sep 01, 2020
We tell our employees that they may not speak to the media about our infection rates (including COVID-19 rates) or other caregiving or sensitive matters. This would include disclosing health information...
Ask The Legal Expert
By
John Durso
Aug 01, 2019
We want to make sure our staff is fully connected by text for scheduling and other updates. Can we make employee use of personal phones a condition of employment? How do we respect privacy issues...
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
By
John Durso
Sep 06, 2019
A nurse manager had her laptop stolen. The police found it abandoned within a day. There is no indication that they accessed or used the laptop. Do we have an obligation to notify patients whose records...
Ask the legal expert: Can an entertainer threaten to sue for breach of contract for canceled performance?
By
John Durso
Dec 01, 2020
Perhaps against better judgment, we gave a guitarist/singer second and third chances to entertain our residents on a contracted basis. Twice this performer has canceled at the last minute, leaving us high...
Ask the legal expert: Can we fire someone for not letting us know they have COVID-19 symptoms and coming...
By
John Durso
Mar 01, 2021
It almost sounds crazy, given the staffing shortages everywhere, but can we fire someone for not letting us know they have COVID-19 symptoms and coming to work anyway?
Ask the legal expert: How we can we protect ourselves form unfounded claims of theft or wrongdoing?
By
John Durso
Apr 01, 2021
We’ve had families acting more suspicious of us than usual, with people complaining about allegedly missing resident clothes or belongings. It’s not unexpected, I guess, with family members’ access...
Ask the legal expert: How stringent can we be about visitation times and what can we do to or about violators?
By
John Durso
Oct 01, 2020
We have had some family members disagree with our visitation policy. The tension has worsened due to the pandemic, and state and local authorities clamping down to protect long-term care residents. How...
Ask the legal expert: How do you suggest we handle powers of attorney executed by our residents?
By
John Durso
Sep 01, 2021
How do you suggest we handle powers of attorney executed by our residents? Who should gather the powers of attorney and where should they be stored? How should we follow them to avoid liability?