Category: Commercial Litigation
Medical Insurance Issues: Denial of Claims
November 23, 2010 | Joan M. QuadeAs a former nurse and now a lawyer for over 23 years, I become a little disheartened when I see what I believe are legitimate insurance claims being denied by medical insurance providers. I understand they need to contain costs and ensure that only tests and treatments that are necessary are covered, so that the ever-escalating insurance premiums do not continue to overburden individuals and especially small businesses. But we pay our premiums so that we have the coverage we need, and insurance companies need to be fair. The reality is that the insurance policy is a legal contract between the company and the individual that outlines the responsibilities of both parties. Most insurance companies must pay for the reasonable and necessary expenses incurred by the insured and the insured (or her/his employer) must pay the premium. The policy provides for what is, and is not covered, and there are generally exclusions for some things. The contract will sometimes indicate that some procedures, tests or care needs to be preapproved by the insurance company before you incur the cost. Make sure you know what those things are. When in doubt, get preapproval for all expensive tests or referrals. Most people understand that when they have paid their premium, they get health care and…
Read MoreEmployee Privacy in a Digital Age
September 29, 2010 | Scott M. LepakElectricity has been a benefit and a curse to the legal profession. Before the invention of the fax machine, lawyers could write letters and not have to worry about the matter for a couple of days while it was being delivered. The first fax I received was 76 pages on thermal paper that didn’t cut off to page sizes and scrolled onto the floor as one page over 50 feet long. I knew at that moment that technology was going to be a mixed bag. Clients now call and leave voice messages telling me that they sent me an email or a fax (or both). I check emails while ice fishing (unless the fish are biting). While the access provided by electricity has been a mixed blessing, there is no questions that it has greatly affected my employment law practice. When the internet was first introduced, it became immediately apparent that employees would view things at work that they would not dream of looking at from home (often for fear of reprisal by a spouse). This created the need for personnel policies related to Internet use. Emails became a common form of discourse that mixed the concepts of informal slang, often not entirely professional or appropriate statements and what was a more permanent…
Read MoreConfronting Employees with Bad Attitudes
July 14, 2010 | Barna, Guzy & Steffen, Ltd.By Bradley A. Kletscher In Brief Newsletter Winter 2006 Every employer has had an employee with a poor attitude. It may be the employee who gives fellow employees the cold shoulder. Or it may be an employee who tells you he will follow instructions and then turns around and does what he wants. It might even be an employee who is rude to customers who are asking for help. While each situation is different, the common theme is that the employee has a bad attitude. [maxbutton id=”1″ ] As hard as it is from a personal level to confront employees with a bad attitude, and employer must do it. Allowing a bad attitude to continue will only make the work situation intolerable. An employee with a bad attitude can cause you to lose customers, to lose good employees, to decrease productivity or in general to deplete the attitude of other workers in the workplace. Following are some suggestions which may help you deal with this issue. First, look for a candidate with a good attitude during the hiring process. During the interview, ask questions designed to reveal the potential employee’s attitude in varying work situations. When you talk to references, try to ascertain the potential employee’s attitude while employed. Prevention is the best…
Read More