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What Every Small Business Needs to Know About Avoiding Wrongful Termination Lawsuits

TASA ID: 321

Small businesses are as vulnerable to wrongful termination lawsuits as much as large businesses. While I am not an attorney, as a small business owner who does a great deal of consulting work with HR departments, I think it’s imperative to know the risks and issues surrounding employee terminations. Wrongful terminations, also known as wrongful discharges or wrongful dismissals are legal terms that describe a situation where an employee was fired and the reason for the firing appears to be against the law. There are many causes for this but no matter the cause; it can be costly for a small business to be sued. Studies have shown that a company's legal costs in a wrongful termination lawsuit can run up to $85,000, and that winning plaintiffs receive judgments averaging $500,000.

What Is A Life Care Plan?

HEIDI PAUL, PH.D., CRC, CLCP, LPCC Associate Professor Coordinator MS Counseling, Option Rehabilitation California State University, Los Angeles

TASA ID:

A life care plan is an organized and comprehensive plan that identifies an individual’s current and future medical needs or equipment for those who have suffered a catastrophic injury resulting in ongoing health care and personal needs. Life care plans identify service needs, such as future medical care, future surgeries, medications, diagnostic testing, evaluations, therapeutic modalities, independent functioning, wheelchair/scooter, orthotics/prosthetics, home furnishings and accessories, home/facility care, architectural renovations, and orthopedic equipment.

The plan should be well organized, clearly identifying the life care needs with a beginning and ending date for each service, the frequency and cost of the service, and the total cost for all sessions, treatments, or evaluations.  Cost for the same service should come from more than one provider, ideally obtaining costs from three different providers of the same service will yield the best estimate of cost. 

Defamation Defense: Is There a Third “Bite of the Apple” Available?

TASA ID: 2156

In defamation cases, there are two basic “tried and true” defenses utilized in lawsuits, whether the charge is libel, slander or both.  The first is “truth” because one of the elements that must be proven in a defamation lawsuit is the falsity of the statement.  Therefore, if the statement is true, there is no basis for defamation.

Fitness Facility Operations

A Forensic Perspective

TASA ID: 16839

This article was recently published in the Int. J. Forensic Engineering, Vol. 2, No. 4, pp.286–292. Republished with permission.

Abstract: Fitness facilities provide a number of services to the public. Those services encompass how to train and create an overall healthy being. There are national standards and guidelines that fitness facilities must follow in order to keep their members safe. Some issues that large and small fitness facilities
have in common are the lack of knowledge regarding safe practices in the fitness industry. The purpose of this paper is to discuss safe operating procedures and establish an understanding of the industry standards and guidelines in an effort to decrease the incidence of injury or death. The authors will review the standard of care in fitness facility operations from a forensic perspective. This paper will also address frequent contributions to injuries in fitness facilities and provide recommendations regarding implementing safe
practices.

Download the PDF below to read more. 

100% Defense Verdict in Forklift Case

Reviewed by a Mechanical Engineering Expert Witness

TASA ID: 7934

About 10:30 am on the morning of 26 October 2007, Jose Avalos was delivering slabs of granite to a local installer.  The countertops were being loaned to the installer to be displayed at an open house barbeque for customers that was to take place later that day.  Mr. Avalos brought two A frames and between four and eight slabs of granite on a 20' flatbed gooseneck trailer.
 
Upon arrival, two of the installers employees proceeded to unload the truck.  One of them drove a Hyster forklift that had a custom boom attached to the forks and had a gravity clamp (Abaco Lifter) that hung down from the end of the boom.  The lifter was at the end of the boom. The setup is shown below:

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