Resources

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.

Restrictive covenants come in several forms such as confidentiality agreements, covenants not to compete (non-competition agreements), and non-solicitation agreements. Generally, these agreements are enforceable in New Jersey. However, the enforceability of these agreements varies depending upon the conduct that the employer wants to restrict and the manner in which they intend to restrict the conduct.

If you own or operate an assisted living facility in New Jersey you need to be aware of the “spend down” provisions in your resident agreements. Or face the possibility of having to pay for the care of residents for the remainder of their life in the event that your assisted living facility closes or relocates.

Gone are the days when job ads in New Jersey read that NO UNEMPLOYED CANDIDATES WILL BE CONSIDERED.

It is no longer lawful for New Jersey employers to advertise that unemployed job applicants will not be considered for a vacant position. Last month, Governor Christie signed legislation prohibiting discrimination against the unemployed in both print and internet advertising or job postings. The legislation is the first of its kind in the United States.