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April 2008 |
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Physician Performance Improvement Recommendations
 Most health lawyers counsel professional review committees of healthcare entities to design performance improvement recommendations to target the problematic performance of the affected physician. Specific education programs, skills building or training, mentoring, and proctoring are often used. As continuous professional performance monitoring becomes more
widespread, it is likely hospitals will see their professional review committees making more of these types of recommendations in the future. In light of recent case law, health lawyers advising clients about such matters should consider that a recommendation to obtain education or a mentor may strengthen the claim of non-hospital employed physicians that they ought to be entitled to the protections of the federal employment laws thereby exposing the hospital to claims under Title VII of the Civil Rights Act of 1964.
Read the article about physician performance improvement. |
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Indiana Supreme Court Weighs In On Workplace "Bullying"
Article and Webinar Information
 In a decision announced April 8, 2008, the Indiana Supreme Court weighed in on workplace bullying in a highly publicized case involving a local physician accused of such conduct. In reversing the Indiana Court of Appeals, the Supreme Court affirmed a $325,000 jury verdict in favor of an employee who claimed he suffered bullying in the workplace. Although the facts of this case arose out of the often-tense environment of a hospital operating room, this decision by the Indiana Supreme Court may
have significant ramifications for all Indiana employers.
Read the entire article about workplace bullying and find information about an upcoming webinar on the topic. |
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Restrictive Covenants
Indiana Supreme Court Provides Valuable Guidance For Employers
 Indiana courts continue to allow employers to protect goodwill, trade secrets and other valuable business interests by using restrictive covenants, including noncompetition and nonsolicitation agreements. The Indiana Supreme Court recently provided valuable guidance for employers utilizing restrictive covenants
to protect their businesses. Also, the Indiana Supreme Court addressed for the very first time the use of "no defense" provisions in restrictive covenant agreements as a way to limit an employee's ability to challenge the enforceability of the restrictive covenants.
Read the entire article about restrictive covenants. |
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Social Security No-Match Letter Update
 The Department of Homeland Security (DHS) recently published its supplemental proposed rule regarding employers' obligations upon receipt of a Social Security no-match letter. The original final rule was published on August 15, 2007. On October 10, 2007, a federal judge granted a preliminary injunction precluding
DHS from implementing this new rule, concluding that "serious questions on the merits" of the rule existed. In response to the Court's decision, DHS filed a motion to stay proceedings to permit it to engage in new rulemaking efforts that it claimed would address the Court's concerns. The result of these rulemaking efforts is found in this new supplemental proposed rule.
Read the entire update on Social Security No-Match Letters. |
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H-1B Cap Immediately Exhausted
 As expected, on April 8, 2008, Citizenship and Immigration Services (CIS, formerly INS) announced that the annual quota or cap for H-1B temporary workers for the 2009 Fiscal Year has been exhausted. H-1B petitions for the fiscal year beginning October 1, 2008 were accepted beginning April 1, 2008. While CIS has
not yet released figures on the total number of cases received, CIS received more than double the annual number of applications made available for H-1B workers during last fiscal year.
Read the entire article about the H-1B Cap. |
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This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances. |
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