The Devereux Foundation is a national, charitable organization that provides services for people with emotional, developmental and educational disabilities, including the plaintiff – an autistic adult with aggressive tendencies.
Respondeat superior liability may apply to foundation whose employee intentionally burned patient
Popular related articles
-
Discipline based on emplyees' (mis)use of social media on the rise (Prince Lobel Glovsky & Tye LLP)
In a case that has garnered national attention, a medical technician at a Michigan hospital was fired in July 2010 for a posting on her Facebook page.
-
Leave of absence as reasonable accommodation (Jackson Lewis LLP)
When does the Americans with Disabilities Act (ADA) require employers to allow their employees to take large “blocks” of leave, i.e., consecutive weeks or months of unpaid time off, and modify their standard leave policies, as a reasonable accommodation to claims of illness or injury?
-
EEOC continues its attack on "inflexible" leave policies (Jackson Lewis LLP)
The EEOC's challenge to "inflexible" leave policies continued this week, as the agency announced that it had sued Princeton HealthCare System for failing to reasonably accommodate employees who needed medical leave.
-
Facebook continues to prompt responsible employees to act irresponsibly (Fox Rothschild LLP)
Hospitals and the Israeli military are the latest organizations grappling with employees posting sensitive, private information that they learn at work on their Facebook pages.
-
Getting ready for an M&A transaction if you're the buyer (Munsch Hardt Kopf & Harr PC)
I recently wrote an article about how to get ready for an M&A transaction if you're the seller.
-
Discipline based on emplyees' (mis)use of social media on the rise (Prince Lobel Glovsky & Tye LLP)
In a case that has garnered national attention, a medical technician at a Michigan hospital was fired in July 2010 for a posting on her Facebook page.
-
Leave of absence as reasonable accommodation (Jackson Lewis LLP)
When does the Americans with Disabilities Act (ADA) require employers to allow their employees to take large “blocks” of leave, i.e., consecutive weeks or months of unpaid time off, and modify their standard leave policies, as a reasonable accommodation to claims of illness or injury?
-
EEOC continues its attack on "inflexible" leave policies (Jackson Lewis LLP)
The EEOC's challenge to "inflexible" leave policies continued this week, as the agency announced that it had sued Princeton HealthCare System for failing to reasonably accommodate employees who needed medical leave.
-
Facebook continues to prompt responsible employees to act irresponsibly (Fox Rothschild LLP)
Hospitals and the Israeli military are the latest organizations grappling with employees posting sensitive, private information that they learn at work on their Facebook pages.
-
“Some job better than no job?” (MARQUE Lawyers)
An employer has been stung for $25,000 for failing to redeploy a redundant employee.
-
Non-disclosure agreements - avoiding a damages claim (Mills & Reeve LLP)
A recent Privy Council case serves as a reminder that businesses may be able to claim compensation for breach of a non-disclosure agreement even if they cannot show any demonstrable loss.
-
Discipline based on emplyees' (mis)use of social media on the rise (Prince Lobel Glovsky & Tye LLP)
In a case that has garnered national attention, a medical technician at a Michigan hospital was fired in July 2010 for a posting on her Facebook page.
-
The genie is back in the bottle: High Court decides that ‘terms’ means ‘terms’ (Freehills)
The High Court of Australia has unanimously dismissed the appeal by Public Trustee of Queensland against the Queensland Court of Appeal’s judgment in Re Octaviar Ltd (No 7) [2009] QCA 282 (the Court of Appeal Decision).
-
Leave of absence as reasonable accommodation (Jackson Lewis LLP)
When does the Americans with Disabilities Act (ADA) require employers to allow their employees to take large “blocks” of leave, i.e., consecutive weeks or months of unpaid time off, and modify their standard leave policies, as a reasonable accommodation to claims of illness or injury?
-
Perpetual licences are not forever (Mills & Reeve LLP)
The High Court holds that "perpetual" licences are, unlike diamonds, not necessarily forever.
-
321,391 nonprofits scheduled to lose their tax exemption (Edwards Angell Palmer & Dodge)
Unless action is taken by October 15, 2010, there are currently 321,291 nonprofit organizations that will lose their exemption from federal income tax.
-
Day of reckoning for charity re-organisation reform? (MacRoberts LLP)
The Office of the Scottish Charity Regulator (OSCR) - the body responsible for regulating charities in Scotland - published its annual report this week, and in it called for a review into the rules governing reorganisation of charities.
-
How to make the most of your nonprofit hospital merger or acquisition (Davis Wright Tremaine LLP)
Merger and acquisition activity in the health care sector is on an upswing, as predicted in January by Moody's Investors Service's 2010 Outlook.
-
Benefits and disadvantages of incorporating an unincorporated association (Miller Thomson LLP)
On occasion we are asked to discuss the differences between associations and corporations.
-
Use of intermediaries to carry out charitable activities: policy guidance for registered charities (Fasken Martineau DuMoulin LLP)
The Canada Revenue Agency (the "CRA") has released a new policy guidance, effective July 8, 2010, regarding Canadian registered charities carrying on activities outside of Canada (the "Policy Guidance").
-
Internal claims and appeals and external review under PPACA provides additional participant protection and administrative burden (Ogletree Deakins)
On July 23, 2010, the Department of Health and Human Services (HHS), the Department of Labor (DOL), and the Treasury Department issued its next phase of regulations implementing the Patient Protection and Affordable Care Act (PPACA), as amended relating to internal claims and appeals and external review processes under the new Section 2719 of the Public Health Service Act.
-
Organized labor's focus shifts from DFCA to the NLRB (Ogletree Deakins)
As we approach the November 2nd mid-term Congressional elections, chances for passage of the Employee Free Choice Act (EFCA) grow dimmer and dimmer.
-
5th Circuit - impaired employee may be excused from heightened reporting requirement for FMLA leave (Ogletree Deakins)
The 5th U.S. Circuit Court of Appeal has held that an impaired individual may not be required to comply directly with her employer’s heightened reporting requirements associated with FMLA leave.
-
Actions taken out of concern for employee’s pregnancy may create basis for violation of Pregnancy Discrimination Act and ADA (Ogletree Deakins)
The 6th U.S. Circuit Court of Appeals has held that a company that transferred a pregnant employee out of a welding job and into a light duty tool room job without first undertaking an objective evaluation of the employee’s ability to do the welding job may be liable for violation of the Pregnancy Discrimination Act (PDA) or the Americans with Disabilities Act.
-
Second Circuit strips pharmaceutical sales reps of their exempt status (Ogletree Deakins)
A federal appellate court recently held that pharmaceutical sales representatives did not fall under either the "outside sales" or "administrative" exemptions to the Fair Labor Standards Act (FLSA), and that, accordingly, they had been misclassified and are entitled to unpaid overtime.
If you are interested in submitting an article to Lexology, please contact Andrew Teague at ateague@lexology.com.