Ask The Legal Expert: Allowing pets
We allow small dogs and cats in our CCRC. What are the legal ramifications for our parent company and pet owners? Residents like to pet the animals and on occasion, could get bit or otherwise injured.
Most recent articles by John Durso
Ask the Legal Expert: Family has the means, refuses to pay
If the family has control over the resident’s assets, then your best approach is to make a claim against the resident’s estate. There are local rules related to when you can file such a claim.
The Legal Expert: What are the legal risks of using ride-sharing services?
We are thinking of using Lyft or Uber for our residents. Are there legal issues we should consider?
Ask The Legal Expert: Deterring harassment by employees in your building
What do you recommend to mitigate or deter harassment between or by employees or volunteers in our building?
Ask The Legal Expert: Identifying financial exploitation
Financial exploitation or theft of a senior’s assets is a serious problem. An organization serving seniors should not receive or take control funds or assets of seniors they serve.
Ask The Legal Expert: Second chances on prospective employee drug tests?
A prospective employee’s background drug test came back positive and he staunchly disputes the results. We need all the workers we can get. Under what grounds should/could we retest him? Do we owe him a second chance? Should we never give second chances on something like this? It is legal to not hire a prospective…
Ask the legal expert about … apologies
Is it smart to apologize to a resident or the resident’s family, or will the apology increase the chances for a lawsuit against the organization?
Ask the Legal Expert about … sexual harassment investigation
Our executive director has been accused of sexual harassment by a mid-level manager. How should we investigate this properly?
Ask the Legal Expert about … nonprofit status
How can we make sure we keep our nonprofit status intact? What are the most common transgressions (inadvertent or not) which lead to loss of section 501(c) 3 tax exemption status? As you know, there are many benefits from maintaining tax-exempt 501 (c) 3 status. When the IRS receives an application for exemption, it grants…
Ask the Legal Expert about … Overtime laws
Some of our staff are super-diligent and work right through lunch breaks sometimes. Can we get in trouble with OSHA or other regulators if we stress to them to take their breaks but they still don’t?
