Those slimy dirtballs! What do you do? What can you do?There are no guarantees but many courts find this type of conduct to constitute “unclean hands” on the part of the employer and refuse to enforce the non-compete. The following case decisions reflect how the courts see this issue:o An…
read moreJust yesterday we reported the elopement of a nursing home resident in West Virginia. Clifford Messer, 80, who was missing since Sunday, was found Monday no more than 1,500 yards away from the Morris Memorial Nursing Home nursing home where he lived. Messer, missing for about 30 hours, was found…
read moreWho wouldn’t support a resident advocacy and watchdog group called “The Alliance for Quality Nursing Home Care.” Sounds like another grass roots group out to protect the rights of the elderly and assure good care and treatment in America’s nursing homes. Unfortunately, nothing could be further from the truth.So who…
read moreWhat about your local news anchor? Can she be held to a non-compete which will prevent her from walking down the street to a competitor and start working as a news anchor? Maybe and maybe not!In Virginia, the same general principles apply to determining the validity of a non-compete in…
read morePolice are searching for a man from Milton, West Virginia who went missing from the Morris Memorial Nursing Home, a 185 bed facility. Clifford Messer, 80, walked off from the nursing home in Milton about 11 p.m. Sunday, August 5. Read the story here.Why do these tragedies continue to occur?…
read moreThe scenario is not uncommon. An individual is hired by a company and enters into a non-compete agreement with the company. Things move along smoothly for a couple of years and then the employer/company sells out to another larger company. The new company tells all of the employees from the…
read moreJust about every state in the country has a law designed to protect consumers where they have been harmed or injured as a result of the misrepresentation of products or services. Virginia has such a statute and it can be found at Virginia Code Annotated § 59.1-196. et seq.In the…
read moreWe wrote a short blog just several days ago about medication errors and the problems they create for patients and here is living (or maybe dieing) proof! The death of an Illinois woman who was given the wrong medication in a nursing home in February was ruled accidental Thursday by…
read moreA Kanawha County, West Virginia man has filed a professional malpractice suit against the nursing home where his mother was a resident when she died. Billy Skiles filed the suit July 18 in Kanawha Circuit Court, on behalf of the estate of his mother, Barbara Skiles. Genesis Healthcare Corporation, HR…
read moreConfusion over the similarity of drug names accounts for approximately 25% of all reports to the USP Medication Errors Reporting Program, according to the National Coordinating Council for Medication Error Reporting and Prevention (NCCMERP). The mission of the NCCMERP is to maximize the safe use of medications and to increase…
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