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?
Most recent articles by John Durso
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?
Ask the Legal Expert about … liability for subcontractors
One of our subcontractors did not follow our falls protocol. The person directed our staff to “let her rest and she will be OK.” The resident was severely injured and her condition was made worse by the delay of treatment and bad medication advice. We received a large fine. Can we seek restitution from the…
Ask the Legal Expert about … off-duty abuse allegations
A member of our executive team is going through a divorce where his ex-wife alleges physical abuse. What should we do?
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