Nurse on probation missed a check-in for controlled substance testing. It was due to a malfunctioning alarm clock. Nevertheless, missing such a check-in was immediate grounds for revocation of probationary discipline on the Nurse’s license. Simas & Associates, Ltd. was able to spring into action by immediately informing the Probation Read more…
Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” Under California law, agency is not presumed. One must prove its existence to assert as a defense. The burden of proving the existence of an agency Read more…
A food vendor in the Sacramento area received notice that they were permanently disqualified from the SNAP program, on charges of trafficking. A team of Simas & Associates, Ltd., staff and a private investigator collected months of receipts, invoices, and testimonies to demonstrate the misunderstanding. SNAP weighed the evidence and, Read more…
Transgender people are employed in every industry and profession throughout the country, and deserve a safe and inclusive workplace. Transgender coworkers do not expect any special treatment. They simply want to be respected. Although employment discrimination based on gender identity is illegal almost everywhere, many transgender people still face harassment and unfair treatment on the job. Helping to ensure that Read more…
A lawyer walks into a bar… While that is the title of a 2007 independent film about lawyers, law school, and the California Bar exam, it also relates to a very serious problem that has been brought to light. Attorneys are more likely to abuse drugs and alcohol than any Read more…
In the age of the Internet, it is imperative that any professional licensed by the State of California, from an accountant or contractor to a physician or physical therapist, look himself or herself up on the licensing board’s website on an occasional and frequent basis. The Department of Consumer Affairs–which Read more…
Most California companies offer employees vacation time. Vacation time is considered an employment benefit and also a form of compensation. Specifically, under California law, if an employee has unused accrued vacation at the end of his/her employment, the employer must pay out the unused but accrued vacation in their final Read more…
As one of California’s leading law firms representing licensed professionals and healthcare professionals throughout the State, Simas & Associates, Ltd. has and does represent physicians, accountants, contractors, veterinarians, and many other licensed professionals in hundreds of investigations throughout our many years of practice. Because this issue arises frequently, this blog is Read more…
Declaratory Relief is a legal procedure designed for those seeking “preventive justice.” Specifically, its purpose is to “set controversies at rest before they lead to repudiation of obligations, invasions of rights or commissions of wrongs.” It is a vehicle to allow a presumptive defendant or respondent take adjudicative action to Read more…
A certified nursing assistant (“CNA”) performs “basic patient care services” in relation to the “safety, comfort, personal hygiene, and protection of patients.”[1] A CNA works under the supervision of a registered nurse or a licensed vocational nurse, and may not perform any services that must be performed by a licensed Read more…