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YOU QUIT YOUR OLD JOB AND THE FIRST DAY ON YOUR NEW JOB YOU ARE ASKED TO SIGN A NON-COMPETE 150 150 Dan Frith
  • Dan Frith

YOU QUIT YOUR OLD JOB AND THE FIRST DAY ON YOUR NEW JOB YOU ARE ASKED TO SIGN A NON-COMPETE

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 Arizona court refused…

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ALLIANCE REVEALED 150 150 Lauren Ellerman

ALLIANCE REVEALED

Dan blogged this week about the Alliance for Quality Nursing Home Care. He spoke about the group, and its financial goals. Below is a link to an editorial from the Palm Beach Post about the Alliance for Quality Nursing Home Care. They have been very vocal about Medicare payments to nursing homes. “In newspaper and…

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GOOD NEWS! WV NURSING HOME RESIDENT WHO ELOPED IS FOUND ALIVE! 150 150 Dan Frith
  • Dan Frith

GOOD NEWS! WV NURSING HOME RESIDENT WHO ELOPED IS FOUND ALIVE!

Just 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 in a dehydrated state and…

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THE ALLIANCE FOR QUALITY NURSING HOME CARE: A WOLF IN SHEEP’S CLOTHING! 150 150 Dan Frith
  • Dan Frith

THE ALLIANCE FOR QUALITY NURSING HOME CARE: A WOLF IN SHEEP’S CLOTHING!

Who 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 is behind this champion…

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TELEVISION AND RADIO TALENT 150 150 Dan Frith
  • Dan Frith

TELEVISION AND RADIO TALENT

What 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 this type of situation.…

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WV MAN MISSING FROM NURSING HOME 150 150 Dan Frith
  • Dan Frith

WV MAN MISSING FROM NURSING HOME

Police 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? Today, why aren’t nursing…

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WHAT HAPPENS TO YOUR NON-COMPETE CONTRACT WHEN YOUR EMPLOYER IS PURCHASED BY ANOTHER COMPANY? 150 150 Dan Frith
  • Dan Frith

WHAT HAPPENS TO YOUR NON-COMPETE CONTRACT WHEN YOUR EMPLOYER IS PURCHASED BY ANOTHER COMPANY?

The 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 old company that they cannot…

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CASE REPORT: FAIRFAX VIRGINIA COURT RULES CONSUMER PROTECTION ACT APPLIES TO CLAIMS AGAINST NURSING HOMES 150 150 Dan Frith
  • Dan Frith

CASE REPORT: FAIRFAX VIRGINIA COURT RULES CONSUMER PROTECTION ACT APPLIES TO CLAIMS AGAINST NURSING HOMES

Just 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 past, the nursing home…

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YOU HAVE GOT TO BE KIDDING ME 150 150 Lauren Ellerman

YOU HAVE GOT TO BE KIDDING ME

This one takes the cake. Today I read a case summary of a Minnesota case where a nurses aid yelled the following at a resident (please note, it is profane): “I forgot to put my [f___ing] gloves on and it’s your fault, now you’re going to [s___t] all over my hands you dumb [f___er]. She…

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“COST” OF LITIGATION 150 150 Lauren Ellerman

“COST” OF LITIGATION

Probably once a week, a family will tell our firm, the “cost” of litigation is too great. What do I mean? Although a family may have what we would call a meritorious case, they do not have the money to pay for experts, court reporters, copies etc. And I understand. I don’t have $25,000 sitting…

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MEDICATION ERROR CAUSES NURSING HOME RESIDENT’S DEATH 150 150 Dan Frith
  • Dan Frith

MEDICATION ERROR CAUSES NURSING HOME RESIDENT’S DEATH

We 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 a Tazewell County coroner’s jury,…

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WV NURSING HOME SUED FOR RESIDENTS DEATH 150 150 Dan Frith
  • Dan Frith

WV NURSING HOME SUED FOR RESIDENTS DEATH

A 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 of Charleston Inc., and Oakridge…

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