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In 1998, Linda Tripp, became one of the most famous “whistleblowers” in the United States. She was the woman who told prosecutors (and the world) about the affair between Monica Lewinsky, a Whitehouse intern, and then President Bill Clinton. In 2001, Sherron Watkins was the “whistleblower” who uncovered the questionable accounting practices at Enron before the entire company imploded.

If your business has ever been the target of a complaint from the Division on Civil Rights (“DCR”) or Equal Employment Opportunity Commission (“EEOC”) you may be familiar with defending yourself or your business before the DCR or EEOC. Generally, the DCR and at time the EEOC are charged with enforcement of the New Jersey Law Against Discrimination. As you may know, the Law Against Discrimination is a broad statute that protects individuals and employees from discrimination in employment, among other arenas.

Although most assisted living facilities are aware that they are required to have written resident agreements, many assisted living owners and administrators fail to appreciate the significance of having an updated resident agreement that accurately represents your business interests. It is this author’s humble opinion that this is the single most important document in the long-term care industry. Frequently, clients approach me after a problem has arisen; however, it is lways recommend that clients consult me as early as possible to avoid issues regarding interpretation. Keep in mind, any benefit of the doubt will favor the resident.

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