Dear Colleague:
The summer is here and I hope that your business is as hot as the weather! I have had a very busy year in 2010, with a major case in federal court in Florida, two tax cases in various courts and a variety of business deals.
Effects of the New Healthcare Legislation
After all of the political turmoil of passing the new health care legislation, the country seems to have moved on to other political issues (the Gulf oil spill and Elana Kagan's confirmation among them). The health care legislation, while it was not nearly as significant as its supporters (and its opponents) said it would be, does make a number of changes in the way health care is delivered in the U.S. The law imposes a number of new requirements upon health care providers, including physicians and hospitals.
The law also gives a number of benefits to health care providers, including new funding sources for specific projects. If you are involved in the health care field, it is important that you understand the effects of this bill on your business. While many provisions do not become effective for months (or even years) understanding those provisions can help your business. If you have any questions about the effect of this law, please give me a call.
Federal Employment Case Settled
My practice includes employment matters, mainly for employer clients but sometimes for employees who have been terminated improperly. I was reminded recently of the procedural protections available for federal government employees. Several months ago, I was retained by a woman who had been terminated by a federal agency where she had worked for over 11 years. She had outstanding performance evaluations and had been terminated for one incident in which the agency thought she had done something improper.
I evaluated the case and determined that the agency's termination seemed improper. Even if she had done what the agency alleged (which she denied), it hardly seemed like a firing offense, given her otherwise outstanding record. I handled her appeal before the Merit Systems Protection Board (which hears these appeals with an Administrative Judge), and conducted significant discovery on the matter. As we approached setting a trial date, the agency realized that it might well lose this case and agreed to settle with her, including making a significant payment to her to reimburse her for lost back pay. I believe that my aggressive action in making it clear that she would fight this strongly contributed to the agency's decision to settle.
If I can help you or your friends or family with any employment matter, please let me know.
I have appreciated your kind comments about my Newsletter in these past few months, and please let me know about other topics that you would like me to cover.
