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Lauren Ellerman

CAN THEY FIRE ME FOR….?

CAN THEY FIRE ME FOR….? 150 150 Lauren Ellerman

In Virginia, can my employer:1. Fire me for not signing a non-compete? YES2. Fire me for not telling them I was under a non-compete when I took the job? YES3. Fire me for discussing possible breach of my non compete with a co-worker? YES4. Fire me because they don’t like…

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ROMANCE AND EMPLOYMENT AGREEMENTS

ROMANCE AND EMPLOYMENT AGREEMENTS 150 150 Lauren Ellerman

I am a romantic…and want to share with you a love story:Boy meets girl. Girl immediately likes boy. Boy is head over heels for girl. They date the obligatory 9 months, he calls her Dad and asks for permission to marry.Suspecting something is going on, Girl dresses extra special for…

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WOMAN ESCAPES FROM NH AND DIES IN THE COLD

WOMAN ESCAPES FROM NH AND DIES IN THE COLD 150 150 Lauren Ellerman

I hate to read this – but again, elderly person with cognitive problems elopes from Nursing Home and dies. According to the Chicago Tribune, however, the employee that ignored the alarm indicating the resident had eloped, has been charged: An Itasca nursing home employee watched three straight episodes of “Dog…

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SUPREME COURT RULES AGAINST DRUG COMPANIES

SUPREME COURT RULES AGAINST DRUG COMPANIES 150 150 Lauren Ellerman

March 4, 2009The Supreme Court ruled 6-3 that a Vermont woman can sue Wyeth for injuries she suffered after receiving one of the drug maker’s medicines. The ruling affirms an opinion by the Vermont Supreme Court, which upheld a $6.7 million verdict in favor of Diana Levine, who lost an…

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CONGRESS HELP US ON ARBITRATION

CONGRESS HELP US ON ARBITRATION 150 150 Lauren Ellerman

There is an article in McKnight’s today: Another bill that would prohibit pre-admission arbitration clauses panned by nursing home operatorsMarch 02 2009U.S. Rep. Linda Sanchez (D-CA) on Friday re-introduced a bill that would prohibit nursing home and assisted living operators from including pre-dispute arbitration clauses in their admissions contracts. Providers…

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CHOICE OF LAW IN EMPLOYMENT CONTRACT

CHOICE OF LAW IN EMPLOYMENT CONTRACT 150 150 Lauren Ellerman

If you have a non-compete Agreement, or any employment agreement, it likely has what we call “A choice of law provision” in it..That means, the parties agree to be bound by the laws of a specific state. Sometimes you will find Arbitration Agreements in the contract, where parties (or just…

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MEDICAID SPEND DOWN

MEDICAID SPEND DOWN 150 150 Lauren Ellerman

Let me guess… Someone just told your family that (1) nursing home is $6000 a month; (2) you have to spend your own money before you can qualify for Medicaid; (3) if you spend your Money incorerctly, you may not qualify for Medicaid.WELL – HERE IS MY ADVICE. Find a…

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SORRY – PROTECTION FROM TESTIFYING

SORRY – PROTECTION FROM TESTIFYING 150 150 Lauren Ellerman

Dan wrote an article yesterday on the last minute Bush Administration change that made nursing home federal investigators “employees” such that they cannot testify in civil suits.Think Dan was making it up? Watch this.msnbcLinks {font-size:11px; font-family:Arial, Helvetica, sans-serif; color: #999; margin-top: 5px; background: transparent; text-align: center; width: 425px;} .msnbcLinks a…

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ORENCIA – the RA DRUG ADVERTISED DURING THE OSCARS

ORENCIA – the RA DRUG ADVERTISED DURING THE OSCARS 150 150 Lauren Ellerman

I am tired this morning – for one reason. I stayed up to watch the OSCARS. For an East Coast girl on a Sunday night, this requires dedication.I cheered for my favorite movies, actors etc – and over the course of the evening, I became obsessed with something not connected…

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BLOOD THINNERS – A WORLD OF PROBLEMS

BLOOD THINNERS – A WORLD OF PROBLEMS 150 150 Lauren Ellerman

We had a case last year where a woman went to a Nursing / Rehab facility after a Knee Replacement for rehab. Of course, her orthopedic surgeon felt that Blood thinners would be a good idea to prevent problems such as clots while she underwent therapy. When the woman arrived…

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