Neil, Dymott, Frank, McCabe & Hudson, APLC

Legal Developments

The Policy Of "The Customer Is Always Right" Does Not Extend to Sexual Harassment

All employers realize they must provide a workplace free of sexual harassment. The employer could only be liable when the sexual harassment was committed by a supervisor or co-worker. In 2003, the California legislature modified the Fair Employment and Housing ...

Respondeat Superior, A Look at When Employers May be Held Liable for Their Employee's Conduct

Perhaps you own or manage a car dealership. Maybe an advertising agency? You may own an insurance business, or you sell products over the internet. Regardless of your type of business if you have employees under your supervision, you may ...

Discharged - Employees May Be Coming Back for More

Consider the following scenario: A California company hires a model for a single day of work. They agree on a daily wage of $500. Once the day is over and the job finished, the model is released and presumably returns ...

Recommendation: Accommodation, An Employer Approach to Disability Discrimination

The Americans with Disabilities Act (ADA) prohibits discrimination in a wide range of areas, including employment, public services, and public accommodations for people who are deemed to have a disability. Title I of the ADA prohibits disability-based discrimination in employment. The ...

Pain Relief for Chronic Pain Management How Painful Can Chronic Pain Management Be for Physicians?

When on the receiving end of a Medical Board investigation or patient lawsuit over pain management, the palliative remedy of lawyer assistance through the proceeding offers little true relief for the physician’s “pain”. Successful management of patient chronic pain conditions ...

You Can't Go to Work Looking Like That! Can You?

A Look at Employer Dress Codes and Grooming Standards Today’s business environment is replete with varying degrees of employee individuality. Employees come in all shapes and sizes, and dress in all styles and manners. However, the employee does not have ...

Physician Testimony and the Litigation Privilege

You receive a deposition subpoena. The American Medical Association encourages physician participation in legal issues to satisfy the physician’s ethical obligations to the patient. The legal duty to tell the truth is required. However, what protects the physician from retaliatory ...

Employer Advantages and Disadvantages of Using Independent Contractors

What Employers Need to Know In today’s fast paced working environment, it has become necessary for businesses to look beyond their current staff for either specialized or temporary workers. The use of independent contractors has become alluring to companies because ...

A Look at Employers’ Obligations and Employees’ Rights of Access

Employee Personnel Records In today’s world of information and documentation, it is essential for employers to keep and maintain comprehensive employee files. Such files often include documents accumulated prior to the date of hire, throughout the employment, and post-employment documentation.  ...

Recent Changes in Reporting Requirements

So, you were involved in a medical malpractice lawsuit that, unfortunately, ended up in a settlement against you. Most physicians have at least a passing familiarity with the basic tenets of reporting settlements: 1) If a physician has a settlement ...

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