| Terminating an Employee - A Necessary Evil |
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 No matter how well run the practice, there inevitably will come a
day when you have to terminate one of your employees. For medical
practices, many of which tend to be small businesses, this step may
seem like severing ties with a family member.There are many reasons and circumstances that may necessitate this action, but your response must be professional regardless. In today's litigious society, many employees may be tempted to sue if they feel they have been unfairly terminated. The explosion in employment-related lawsuits over the past decade has left many employers wondering under what circumstances they can safely discipline or discharge an employee without legal action. There are, however, policies and procedures you can implement to ensure your practice is not on the receiving end of a law suit. Employee Protection Before a practice considers whether to terminate an employee, it needs to be aware of regulations and other restrictions that may exist to protect employees. These include: Documents initiated by the practice, such as a formal employment contract; Covenants imposed by union contracts; and Important government employment regulations, such as the Family and Medical Leave Act, the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964;the Uniform Services Employment and Re-employment Act of 1994, and relevant state or local employment laws. Medical practices that employ a director of human resources or a personnel manager should, of course, make that individual responsible for keeping abreast of all employment-related guidelines and contracts. If you do not have a personnel department, you should contact an attorney familiar with labor laws to review your policies and procedures and advise you regarding potential problems with employees. Outline Expectations Even small practices should consider having an employee handbook that outlines the practice's policies and procedures. In addition to hours, personal/sick leave, duties, and benefits, expectations of each employee's conduct in the office should be included. For purposes of documenting possible future termination, sections such as dress code, professional conduct, confidentiality, and insubordination should be included. Keep in mind that it is problematic to terminate an employee for cause if you do not tell that employee what "causes" can result in termination. Dress codes, for example, can be loosely interpreted. Young girls may see nothing inappropriate in wearing a miniskirt and spandex top into a professional office. To avoid having to play dress "police," many practices provide lab coats or a uniform allowance to all employees to ensure a professional appearance. It may go without saying, but because so often this does not happen, personnel managers or practice leaders should remember to communicate with employees. Establish an "open-door" policy and an easy rapport with your employees so they will feel comfortable bringing up problems in the office. Avoid office politics and pitting one group against another. Maintain confidentiality of all employee complaints. Document all personnel problems and complaints. As with your medical charts, if it isn't documented, it wasn't done. If you or a supervisor reprimands an employee, a notation or summary of the discussion should be included in the personnel record. The matter should be brought to the employee's attention and an opportunity provided for the employee to respond. Excessive tardiness and absences should be noted and questioned to ensure they do necessitate coverage under the Family and Medical Leave Act, which would cover an employee in a medical practice with more than 50 employees. Evaluating Employees Performance evaluations are an integral part of an office manager's responsibility to train, monitor, and support every employee. Before a problem behavior becomes routine, talk to an employee who is not behaving up to expectations. Did that employee know what was expected of him or her? Was the employee aware of any "rule" he or she may have been breaking? Document your discussion and the employee's response. Indicate what performance standard was agreed to. Regular performance evaluations provide an opportunity for you to give your employees what you consider to be a fair assessment of their work. Ideally, the evaluation also helps employees improve their performance by making them aware of their strengths and weaknesses and allowing them to express their concerns and suggest how they might achieve a higher level of performance. Evaluations also provide documentation for any disciplinary actions that may have to be taken at a future date Keep these tips in mind when conducting a performance evaluation: Be prepared for all evaluation meetings and allocate uninterrupted time for the meeting in a private place.
Evaluating the Problem Employee Should the evaluation require discussion of a substandard performance, do not allow your personal feelings to taint the evaluation, thus creating a bias or possible grounds for a discrimination accusation. In addition, make sure you or your personnel manager do the following:
Your documentation of prior warnings, evaluations, absences, and the like may provide the support you need in the event of a lawsuit. If an employee must be terminated, the practice leader must be careful to ensure that the decision to terminate an employee is for job-related issues, and that no contractual agreements are being broken. Sometimes, an employee is just the wrong fit for a particular office, and neither the new employee nor the current staff is happy. In one of my client practices, a new staff member joined a small private practice after spending years in a large academic medical center. She was accustomed to having very specific responsibilities and could not adapt to the multitasking required in a small office. After 3 unhappy weeks, it was mutually agreed upon that the fit was not right for the employee or for the practice. When terminating an employee, remember, it's a business decision that needs to be treated that way. Having to terminate someone is not a pleasant experience, but it must be handled professionally. State the facts, provide the paperwork, and bring the meeting to an end. Although the experience is not something anyone relishes, it is far preferable to allowing an unproductive or problematic employee to continue working and jeopardizing the success of your practice. Written by Debra C. Cascardo |
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