Recent Blog Posts

As of This Moment, They’re on Double Secret Probation

Written By: Scott R. Thomas Dean Wormer thought probation made sense for the Delta Tau Chi fraternity.  Many companies think a probationary period also makes sense in the employment context.  Employers who share that philosophy will create a probationary period—30 days, 6 months or a year, depending on the kind of business, the employer’s needs,… Read More »

What’s so Progressive about Discipline?

Written By: Scott R. Thomas Progressive discipline is the concept that an employer should impose increasingly severe consequences in response to repeated employee infractions, despite counseling and time to correct the misbehavior.  Judges and the Equal Employment Opportunity Commission (“EEOC”) love progressive discipline.  For them, it indicates efforts by the company to fit the punishment… Read More »

Wait! Wait! I Signed for the company. You Can’t Sue Me! . . . Can You?

Written By: Scott R. Thomas A shareholder or an officer of a corporation who signs a contract on behalf of the corporation generally is not personally liable under the agreement.  That’s why corporations were created in the first place.  After all, a corporation can function only through its officers and agents acting in a representative… Read More »

You Open Your Mailbox and See an Email From Figliozzi. Audit! Now What?

Written By: Scott R. Thomas Figliozzi and Company is the designated contractor performing audits on behalf of the Centers for Medicare & Medicaid Services.  If you sought or obtained an incentive payment for either the Medicare or Medicaid EHR Incentive Program, you are subject to being audited.  A November 2012 report from the Office of… Read More »

I Apologized and Now I’m Getting Sued?

Written By: Scott R. Thomas You met with the patient.  You explained all the risks of the procedure.  The risks were later spelled out in the consent form and you went over it all again with the patient.  The patient accepted the risks and wanted you to perform the procedure.  You performed the procedure but… Read More »

Key Considerations Before Mediation of a Business Dispute

Written By: Todd V. McMurtry Today most courts require that litigants attempt to mediate a resolution to their dispute before the court will set the matter for trial. For this reason, it is critical that the parties evaluate a number of key variables before they go to mediation.  Here is starting point for the process…. Read More »

That Company That Owed Me Money Just Went Under! Now What?

Written By: Scott R. Thomas You did everything right.  You negotiated a good deal.  You reduced it to a written agreement so both sides knew their obligations.  You held up your end of the bargain and delivered the goods and services you promised on time.  But now you’re not getting paid.  You call them but… Read More »

Coming Soon: Major Changes to the Fair Labor Standards Act that Promise to Impact Nearly Every Kentucky Business

Written By: Kyle M. Winslow The Fair Labor Standards Act (“FLSA”) requires that most employees be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the employee’s regular rate for hours worked over 40 in a workweek. Section 13(a)(1) of the FLSA, however, provides an exemption… Read More »

Getting a Competitive Edge May Be as Easy as D.B.E.

Written By: Scott R. Thomas Federal, state and local governments offer numerous benefits to a disadvantaged business enterprise or a “DBE.” Government projects sometimes set aside a portion of the contract value with a view toward that work being performed by a DBE. A contract awarded to a prime contractor may require a portion of… Read More »

The Risk of Party Incapacity During Mediation

Written By: Todd V. McMurtry Most lawsuits today are settled through mediation.  For this reason, a lawyer’s skill at managing the mediation process is more critical than ever.  So, a lawyer has to be prepared for the unexpected.  Take for example, a client that has become incapacitated.  Time and circumstance may cause a client who… Read More »

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