In the case study the authors present some very troubling facts that lead to some legal issues surrounding the director of an assisted living facility. One of the first issues surrounding this facility is the constant innuendo’s that corporate managers recite to members of the facility where they exclaim that “Silver Oak should be a “youth oriented company,” as well “there was “no room for dead wood” (Walsh, 2013, p. 96). Based on this explanation from the text it is evident that this corporation has no regard for their tenured employees. Additionally, they do not see the benefits that these older employees contribute to the business with experience and mature decision making. Looking at the facts it is very evident that this corporation also …show more content…
Finally, the last issue that was revealed in this case study, was the issue with the older director of the assisted living facility was disciplined for not following procedures and processes when admitting new patients. The other issue that she was disciplined for was an alleged termination of an employee without having another witness present during the termination process. Based on this accounting the director refuted these claims and was terminated for not calling in every day as instructed while on an approved medical leave of absence (Walsh, 2013). As the case study unfolded it also revealed that there were other additional issues that were added to the termination reasoning that was from other administrators who had worked with the …show more content…
Supported by the following the extended living corporation has violated the director’s employment rights by abusing their authority over her. They did this by developing a hostile work place that is a gross violation of the harassment law that when a person is interrupted in their work should be considered harassment. Additionally, the age discrimination law has been violated by their proliferation of age discrimination that “Involves treating an employee less favorably because of his or her age” (EEOC Laws, 2015, para. 1). Despite the addition of other multiple claims of impropriety against the director the extended living corporation was outside of their original claim that caused the director to be terminated. Based on these facts the only aspect of this case that can be considered against the director is the original claim against her for termination. Secondly, the Judge should administer a fine for their actions and require that the extended living facility amend their management system and require them to provide plausible evidence that they have corrected the violations of employment law and verify that these corrective actions are working and in
Within the U.S. Healthcare system there are different levels of healthcare; Long-Term Care also known as (LTC), Integrative Care, and Mental Health. While these services are contained within in the U.S. Healthcare system, they function on dissimilar levels.
Throughout one’s working life, its highly probable that ethical dilemmas will arise in professional practice in one form or another. Ethical dilemmas bare their heads in many different fashions, including: “…competing ethical principles; empathic failures due to cultural misunderstanding; language gaps; inadequate cultural training to serve a certain population, and so on” (Zoltan, 2016). In the personal experience of this reporter, Claymore Residential Home, a corporately run rehabilitative community for adults with intellectual and cognitive impairment, presents the gravest example of ethical dilemmas. It was a workplace lead by autocrats cloaked in professional titles and facades of altruism. Ethical dilemmas emanated from the top of the hierarchy and trickled throughout the organization.
Expect the best, prepare for the worst and capitalize on what comes (Zig Ziglar). The demand for talented, educated and experienced nursing home administrators is increasing, and filling this demand is becoming more challenging. In this paper, the qualifications, responsibilities, and duties of a nursing home administrator, professional staff, nonlicensed staff, and consultants will be identified. We will explore trends that are likely to affect assisted living in the future. We also will explore new changes in regulation related to the F490, the Facility assessment and how it will impact the role of the administrator.
In 2004, her estate administrator filed a lawsuit claiming the resident was brutally sexually assaulted due to the failure of the nursing
Organizational leaders are responsible for establishing standards of behavior and for effectively communicating those standards to all managers and employees in the organization. One of the traditional ways by which organizations and top management have fulfilled this responsibility is through the use of code of ethics or codes of conduct. The code of conduct acts to clarify what behavior is expected to the employees. It provides employees with a chance to confirm whether their behavior is acceptable to the company. It also allows employees to try to convince others and warn them of their inappropriate behavior (Carroll & Bunchholtz, 2011, p. 255).. This paper will create an ethical code of conduct for Angelique Home Care. This paper will also
Within business organizations, aging is something that is inevitable and unique to all people. Business practices need to be in the best interest of an organization, which is also inclusive to the employees, stakeholders, and customers in which they rely on and cater to. Best business practices, both directed and implied (regardless of the location) dictates that businesses follow and adhere to federal, state, city, and other local policies. However we needn’t look too far to see the multiple lawsuits that show continued and practiced bias and prejudice. One such incident involving discriminatory practices involving ageism that will be discussed within this discussion will revolve around a Texas Roadhouse restaurant based in Palm Bay, Florida.
Nursing home residents are some of the most vulnerable individuals in our society. That is probably why most states, including Florida, have specific laws that are designed to ensure the safety and security of these residents and to minimize the risk of abuse and neglect. If you reside in Palatka, Florida and if you or someone you love is a victim of nursing home abuse, you should know that there are laws that will protect you and those you care about. You can find out about these protective regulations by speaking to a nursing home abuse attorney in Palatka, Florida.
Ethical nursing and care is essential in nursing homes .There are a lot of cases of unethical practices in nursing homes. Whether nursing homes are safe or not is questionable, nursing homes are supposed to take care of the elderly, the ones that can no longer be taken care of at home. Many residents considered nursing homes as their home. Nurses are responsible for ethical care of a patients health, Nursing homes should be Ethical care in nursing homes should include ethical awareness by nurses, the autonomy of patients and Family Caring . According to one Article “Ethical problems are regularly arise during daily care in nursing home. These include violation of patient’s right to autonomy and to be treated with respect”. (“Merethe”1)
Federal and State laws require that nursing homes develop a plan of care and employ sufficient staffing to provide all the care listed on the care plan. Most corporate owned nursing homes today are not sufficiently staffed, and they can not provide all the care listed on the care plan. Consequently, residents are not taken to the toilet when necessary; they’re often left lying in urine and feces. They also develop painful and life-threatening decubitus ulcers, and are not fed properly, they’re not given sufficient fluids. They are also over-medicated or under-medicated, and dropped causing painful bruises and fractures, are ignored and not included in activities, are left in bed all day, call lights not answered. These are all forms of negligence, performed daily in nursing homes.
In addition in comparison, (Noe, pg 429) denial of training opportunities and engaging in better treatment of younger employees can be used to sustenance claims of age discrimination. Older employees may bring lawsuits against companies based on a denial promotion or discharge. As evidence of age, the courts will look into whether older workers were denied training the same opportunities that were provided to those of a younger age. Age discrimination is illegal and those who make employment verdicts based on age are in violation of the
Three major laws that protect employees are Title VII of the Civil Rights Act in 1964, Age Discrimination in Employment Act, and The Americans with Disability Act. Title VII makes it unlawful to refuse to hire or terminate anyone based on race, gender, national origin, color, or religion. This law applies to any business that has 15 or more employees, government, labor, and employment agencies (Bennett-Alexander & Hartman, 2012). Title VII also does include harassment, compensation, and advancement issues based on these categories as well. The Age Discrimination in Employment Act prohibits discrimination for anyone from being employed or terminated over the age of forty. This law does not protect those under the age of forty and they may be discriminated against because of their age. This law also requires specific record keeping which employers must maintain for three years. The required information is name, address, and date of birth, occupation, pay rate, and compensation earned each week. In addition to that information this information is required to be maintained for one year: job applications, records of promotions: demotions, transfers, layoffs, terminations, tests and test papers, as well as job ads. Some states go beyond the ADEA and provided greater protection to those older workers. The Americans with Disa...
Taking care of the individuals that are getting older takes many different needs. Most of these needs cannot be given from the help of a family. This causes the need of having to put your love one into a home and causing for the worry of how they will be treated. It is important for the family and also the soon to be client to feel at home in their new environment. This has been an issue with the care being provided for each individual, which has lead to the need of making sure individuals have their own health care plan.
The decision to terminate an employee may be difficult for some managers depending on the situation at hand. Today, many states have adopted the employment at will law to fire employees for any or no reason, with the exception of employees that have a contract in place. According to Erickson (2008), “The basis for an employer to terminate an employee without being sued is the employment-at-will doctrine. This doctrine is a statement that is signed by both the employee and employer at the time of hire that states that the employee can quit at any time for any reason without notice and that the employer can terminate the employee at any time for any legal reason.” On the contrary to the definition of “At-Will” employment, Pozgar (2012) states, “The employment-at-will common law doctrine is not truly applicable in today’s society and many courts have recognized this fact. The twentieth century has witnessed significant changes in socio-economic values that have led to reassessment of the common law rule (p. 494). An example of an organization hiring on an employment on an at-will basis but terminating an employee without justifying the cause of action was the case of Joseph Casias versus Corporation. By law, an employer has to follow guidelines that essentially make ethos rules null and void because there is nothing to adhere to, especially in a circumstance where the employee is terminated by the at-will policy. In this situation, if the employer terminated by allegations that this employee was an active drug user. However, by law, according to Mr. Casias and his attorney, this employee had legitimate reasons for being involved in obtaining and smoking marijuana. As discussed in the case, the law protect employees from illegitimate...
With the aging population growing faster every year many families must make a difficult decision whether their loved ones should live in assisted living or nursing home facilities. I can relate because I made the decision to care for my mother at my home. Some people do not have the money or resources to care for their parent so they must live in a facility for health and safety reasons.
Age discrimination has become more than a minor inconvenience throughout the twentieth century; indeed, the issue has become such a hot potato within the workplace that laws have been forced into existence as a means by which to address the problem. In order to help protect those who stand to be singled out and let go because of the unfairness of ageism, the Age Discrimination in Employment Act (ADEA) was designed with the older employee in mind.