Apples are wonderful, but it only takes one bad apple to spoil the bunch. The same can be said of employees. Most are wonderful, well-intentioned contributors to a culture of success.
However, one employee acting irresponsibly can cause a great deal of harm to any organization. For example, take the recent case of Pennsylvania State University and their former assistant football coach, Jerry Sandusky.
For the few people in the country unfamiliar with this tragedy, Jerry Sandusky was convicted in June of sexually abusing several boys. Most were abused inside of campus buildings, which is not only horribly tragic, but put the university itself under legal fire. According to Chad Hemenway of Property Casualty 360, Penn State finds itself now sorting through multiple settlements for Sandusky’s victims.
As a landlord, I was stunned to hear the news last week of an opinion issued by the Kentucky Supreme Court, which stated that landlords could be held liable if their tenants’ dog bites someone. Now, instead of simply weighing the usual wear-and-tear costs associated with allowing dogs in rental units, landlords will need to determine whether renting to dog owners could put their very livelihood at stake.
Jeffrey Greenberger, attorney for the Greater Cincinnati Northern Kentucky Apartment Association, responded to the opinion by calling it “scary.” He added he “knows of no other case where the landlord is treated as though he owns the tenant's pet.”
In a prior job, I used to share a cubicle with a guy who hated everything. I wish that this were an exaggeration.
This guy, who we’ll call Steve (because his name was Steve) was quicker to express a negative sentiment than the Grinch (and he was also slightly hairier). Steve was very unpleasant to be around, and was always pushing the limits of the company rules.
And then, one day, he pushed too hard, and he was fired. He stormed out of the office, threatening to sue everyone he saw, and then he was gone.
We’ve all got that co-worker. You know whom I’m talking about.
For even the most controlled persons, times may come when self-defense, or the defense of someone unable to protect themselves, may arise. In these cases, the assumption is often that litigation for any violence would naturally not apply.
However, you would be surprised how often assault and battery litigation could still stick. Assault and battery is the combination of two violent crimes: assault, or the threat of violence; and battery, or the actual physical violence.
The intention behind the actions is important. Generally, it is only necessary for the defendant to have the intent to do the harmful act (as opposed to an intention to actually do harm). Essentially, the act must be done voluntarily. Even in cases of self-defense, an intention to do harm or to do a harmful act can result in assault and battery charges.
Human Resources. It’s a living thing. State and Federal rules and regulations combined with business protocol and best practices. It’s a field that requires knowledgeable and determined professionals. Usually, the path to equitable solutions is clear. But what about the time when implementing the reasonable accommodation under ADA crosses into the privacy regulations of HIPPA? Or, federal exemptions regarding state statutes cross paths under ERISA? The truth is that the HR professional can become personally liable.
Let’s talk about a few places where liability can creep in.
Under the Immigration Reform and Control Act (IRCA) the law criminalizes knowingly hiring an illegal immigrant, along with financial and other penalties for employing them. This act introduced the I-9 form to ensure that documentary proof of employability was provided, however, there are plenty of methods potential hires have found in forging their documentation. And, hiring personnel could still be found negligent in a possible case of employing an illegal immigrant.
Businesses take risks. That’s the way it is. Business is risk. But, businesses also do everything they can to protect themselves. One way they protect themselves is to hire Human Resource professionals to ensure the business does not cross-governmental legal parameters in regards to employee rights.
The ironic thing is that these same HR professionals can actually be at risk themselves. Employment litigation is becoming increasingly common in the USA. And plaintiff attorneys are not only suing the companies, but also the managers and supervisors, including HR managers.
Owning property carries a fair amount of risk. The factors that make you, the landlord, the most vulnerable are, damage to property either by tenant or disaster, and lawsuits. Many landlords depend on the income from rental properties to make payments on their current residence so it is important to protect yourself so that you are not without this income.
Here are some facts you should consider when choosing landlord insurance coverage.
Not all policies are equal– This is one of those categories where you get what you pay for. XINSURANCE will consider the type of property you own and customize coverage, premiums, deductibles and financing to suit your specific needs.
Most people consider insurance when it comes to their car or their house because it’s required in order to get a loan. But renter’s insurance is another thing. Many renters live under misconceptions about the need for insurance. For example, some believe that the landlord's insurance will cover them in case of theft, or their roommate's insurance will include them, or that they are still covered under their parents' homeowners insurance. The truth is, in order to protect your belongings you must get coverage for them yourself.
Protection is a natural instinct. We throw our arms across our children when anticipating a car wreck; we double-check the stove, iron, and electric blanket to make sure they’re all off before leaving the house; we worry about giving credit card information out online.
One form of legal protection that has been increasing in popularity since the 1970s is pre-paid legal services, and it is the result of that same, natural inclination towards protecting ourselves, those around us, and the possessions and careers we have worked so hard to build.
There are, however, both pros and cons where pre-paid legal services are involved. First, let’s explain what a pre-paid legal service (PPL or PPLS) actually is.