The most fundamental concept in employment law is “employment at will.” Most employees are employed “at will.” Employment at will is a presumption that applies to employment relationships of an indefinite duration. An employee at will can be fired for good reason, bad reason (including an immoral reason), or no reason at all–at anytime and without any notice. Ouch. Pretty harsh. (more…)
Archive for May, 2010
Law Basics: Employment at Will
Friday, May 28th, 2010
Video Infoclip: My First Nursing Home Neglect Lawsuit
Saturday, May 8th, 2010There were lots of facts that lead to the favorable result in my first case. First, the family was good people. Second, there were multiple examples of understaffing with harmful consequences. Third, there were clear falsifications of records, like the flow care chart that indicated my client ate most of her three meals on days she was not at the facility. (I am sure this provided much of the motivation for the punitive damage award.) And, finally, we presented an honest case and did not ask for astronomical damages. After the case we presented, the jury knew the case was significant.
It was a case that changed my practice and changed me.
There were lots of facts that led to the favorable result in my first nursing home neglect case which I tried in Union, South Carolina. First, the family “was good people.” Second, there were multiple examples of understaffing with harmful consequences at the South Carolina nursing home owned by a billion dollar corporation. Third, there were clear falsifications of records, like the flow care chart that indicated my client ate most of her three meals on days when she was not at the facility. (I am sure this provided more than a little of the motivation for the punitive damage award.) And, finally, we presented an honest case and did not ask for astronomical damages. After the case we presented, the jury knew the case was significant.
