We get this question a lot. The client signs a non-compete agreement when hired 4 years ago and then is terminated by the employer. It doesn’t matter if you were “fired” or “furloughed” or “terminated” or what ever you want to call it….the legality and enforceability of the non-compete is…
read moreI am addicted to watching Michael Scott run the paper products company, Dunder-Mifflin, in the CBS show, Office. If you missed the most recent show, Michael Scott has been “let go” from his job at Dunder-Mifflin and has plans to start the Michael Scott Paper Company. My misgivings as to…
read moreI think the state of medical care provided by nursing homes is abysmal! There are too many bed sores, too many falls, too many malnourished and dehydrated residents. The federal Centers for Medicare and Medicaid Services (CMS) is trying something new to encourage better care. CMS announced last week a…
read moreIt happens way too frequently. An elderly nursing home resident with poor circulation and diabetes receives poor care at the nursing home and ends up losing a foot…or worse a leg. Why does it happen?It happens because “at risk” patients don’t receive a thorough assessment and an individualized preventive care…
read moreFirst, bed sores, decubitus uclers, or pressure ulcers…..are all the same thing and they can be horrible and painful. Pressure sores can range from red areas on the surface of the skin (Stage I) to severe tissue damage that goes deep into muscle and bone (Stage IV). These sores are…
read moreA couple of weeks ago I got into a little discussion with a friend over the state of medical care in the United States. My friend knows I represent individuals who are injured or killed as a result of medical negligence. While my friend acknowledged that medical mistakes can and…
read moreIt is not Virginia, and each state is a little different, but a judge in Springfield, Ohio recently found a non-compete involving surgeons to be unenforceable.The surgeons, who are physician-investors in the soon-to-open Ohio Valley Medical Center, filed a complaint asking the court to find their non-compete with Springfield Surgery…
read moreLast week the Roanoke Times published an excellent editorial on the lack of disciplinary action taken by the Board of Medicine against Virginia doctors. Some of the more interesting observations included: * A 1999 report faulted the Board of Medicine for allowing physicians to practice in situations where license revocation…
read moreThe Lynchburg daily newspaper (The News and Advance) ran an article today about nursing home resources and options for military veterans. It is a good article. It describes how the Veteran’s Health Administration (VHA) provides nursing home services to veterans through three national programs: VA owned and operated nursing homes,…
read moreWhat are Garden-Leave employment agreements? They are agreements which pay the terminated or departed employee for not competing with his/her old employer. Want an example? In Bannister v. Bemis Co., Inc., (2009 U.S. App. LEXIS 3648, 8th Cir. Feb. 25, 2009) a Garden-Leave clause was examined by a federal court…
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