Understanding West Virginia Intestate Laws
When a West Virginian dies, the deceased's property is transferred to his or her heirs through a legal process referred to as probate. After the debts of the estate are paid, the property is devised to heirs in one of two ways: (1) if the person had a Last Will and Testament (a "will"), this means the person died "testate," and the property is transferred according to the will; or (2) if the person died without a will, the decedent is said to have died "intestate." West Virginia intestate laws then control the allocation of the decedent's property. This blog will discuss what happens to property when a person dies without a will.
How to Handle Employee Theft, aka You Caught the Thief-Now What?
Unfortunately, thieves do not wear distinct uniforms. Instead, they look just like your office manager, your IT specialist and you. For an employer, catching a workplace thief is only the first half of the battle. If you are wondering how to handle employee theft after the thief is caught, read on.
Staffing Agency Nurse Liability: What You Need to Know
Many hospitals address staffing shortages (nurses and physicians) through staffing agencies. In an attempt to provide certainty regarding staffing agency nurse liability, standard staffing contracts provide that the nurses and/or physicians (locum tenens) are employees of the staffing agency and not the hospital. The staffing agency agrees that the nurses or physicians provided shall abide by the hospital's policies and bylaws. The hospital determines the work schedules and provides all necessary equipment and supplies. The hospital and staffing agency also agree to purchase professional liability insurance and agree to terms of indemnification for the acts or omissions of their respective employees. All's well and good in the hospital professional liability shifting arrangement, right? Not necessarily.
Will a Specific WV Power of Attorney Form Work for You?
When you need someone to handle a financial or legal matter for you, you don't have to give that person full authority or access to your information. Instead, if you live in West Virginia (WV), use a WV power of attorney form that is tailored to the situation. This allows you to get the job done without unnecessarily placing yourself or your assets at risk.
This blog focuses on specific power of attorney forms. It is the third in a series designed to help people think through issues that often arise when considering powers of attorney. The first provides an overview of WV power of attorney laws, and the second focuses on using online power of attorney forms.
How to Handle Anonymous Complaints: Pay Attention Now or Pay Your Attorney Later
Should your company pay any attention to anonymous complaints? I have heard several people say that anonymous complaints are not worth the paper they are written on. The last time I heard such comments came during a presentation I gave on employee handbooks. I was outlining the elements of a good handbook policy on sexual harassment. One element I advocated is a channel for employees to anonymously report sexual harassment as well as any other complaints.
Notably, the people who expressed a low opinion of anonymous complaints during the presentation are both successful, male professionals. I suspect they pride themselves on their courage and that they decorate with antlers rather than with art. Courage is an admirable quality, but it is foolish to base a compliance program on people's willingness to risk their necks. By and large, people are very fond of their necks.