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Who is at fault when someone is abused or neglected in a nursing home? 150 150 Lauren Ellerman

Who is at fault when someone is abused or neglected in a nursing home?

I was speaking with a bright, beautiful, and smart young woman this week who is a Certified Nursing Assistant (CNA) in a local nursing home. As she explains it, it is her job to bathe, dress, feed, turn, toilet, and care for 40 nursing home patients. Yes, you heard that right. She has 20 rooms…

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Thank a Veteran by giving him or her better medical care 150 150 Lauren Ellerman

Thank a Veteran by giving him or her better medical care

Do you think a doctor who has lost his license to practice at a local hospital should be allowed to operate on our Veterans? Should residents with no experience be the primary care providers for our Veterans getting care at our local VA hospital? Or should we thank those who served and sacrificed by giving…

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Long term care, end of life, whatever you call it – it’s better to plan for it 150 150 Lauren Ellerman

Long term care, end of life, whatever you call it – it’s better to plan for it

I attended a beautiful memorial service this Saturday for a dear friend’s mother. The Hymns, Scripture passages and speakers had all been chosen by the decedent before she died. Unfortunately, my friend’s family knew they were dealing with end stage cancer. Fortunately, they used that time to make plans so the whole family would not…

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Where to find warm hearted long term care? Some move out of the country 150 150 Lauren Ellerman

Where to find warm hearted long term care? Some move out of the country

We are living longer. But that doesn’t mean our later years are always golden. Imagine spending the last 3 weeks of your life strapped into a geri-chair next to a nurses station in a sterile, bright and cold nursing home. Imagine spending the last hours of your life alone, unable to speak, or eat, with…

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No such thing as a standard employment contract 150 150 Lauren Ellerman

No such thing as a standard employment contract

So, dear Virginia employee, you have a standard employment contract you say? Does it require you to pay your company’s attorneys fees if you break your contract? Does it allow your company to sell your contract to a new company? Does it give your company access to your personal emails? Does it give your company…

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Falls in Nursing Homes 150 150 Lauren Ellerman

Falls in Nursing Homes

I am not a doctor. I am not a nurse. I don’t work in a nursing home. BUT after almost 10 years of representing families who have suffered great loss because of nursing home negligence, I have learned one thing. Sometimes falls happen. Most of the time the falls could have and should have been…

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Yes, I think you have a lawsuit but I don’t recommend you file it 150 150 Lauren Ellerman

Yes, I think you have a lawsuit but I don’t recommend you file it

INVESTMENT SCENERIO 1 If someone called you and told you, they could take $10,000 of your money, invest it, and in 2 years, you would get your $10,000 back plus $100 in interest, would you do it? $100 return on a $10,000 investment seems pretty low. Almost not worth it. INVESTMENT SCENERIO 2 So what…

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What kind of an employee are you? 150 150 Lauren Ellerman

What kind of an employee are you?

I seem to recall a line in The Wizard of Oz where Dorothy is asked “What kind of a witch are you?” She replies, “I’m not a witch at all. I’m Dorothy Gale from Kansas.” A perfectly logical response to such a strange question. By: Linda Hartley So Virginia worker, I ask in earnest, “What…

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Are Non-Compete Contracts Binding in Virginia? Yes (Maybe)! 150 150 Lauren Ellerman

Are Non-Compete Contracts Binding in Virginia? Yes (Maybe)!

Seriously, I hear this all the time when clients call for non-compete advice: “I signed the non-compete because they aren’t really binding or enforceable, right?” [No, they are actually very much binding in Virginia and enforceable unless a judge says otherwise.] “Yeah, but there is a technicality. You see, it says my start date was October 4,…

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Why the Law – and Reality – Don’t Often Cross Paths 150 150 Lauren Ellerman

Why the Law – and Reality – Don’t Often Cross Paths

So the Supreme Court of Virginia issued a pretty big decision this week on how lower courts should approach and  evaluate restrictive covenants in Virginia. The case is called Assurance Data Inc. v. Malyevac, and the Court said,”[A] demurrer cannot be used to decide on the merits whether a restraint on competition is enforceable.” Translation: The big boss decided the other judges need to look…

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Tort Reform and HBO’s The Newsroom 150 150 Lauren Ellerman

Tort Reform and HBO’s The Newsroom

I have been watching a TV show on HBO called Newsroom for the last two years. Last night’s season finale was overly romantic, enjoyable and as a plaintiff’s lawyer (that means I represent individuals typically against companies) I particularly enjoyed a tete a tete between two characters (one of whom is an employment lawyer). A…

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Lawsuits and Non-Compete Agreements 150 150 Dan Frith
  • Dan Frith

Lawsuits and Non-Compete Agreements

I hate noncompete employment contracts.  These contracts inhibit innovation and crush the soul (and finances) of young entrepreneurs who want to be the next Bill Gates, Steve Jobs, or even Walt Disney.  Unfortunately, these restrictive contracts are becoming more and more common. We see them in every job or profession from doctors to retail salesman to…

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