Handle the difficult task of terminating employment effectively and with an understanding of the legal ramifications. Learn how to: handle a crisis such as fraud or drug use, set up a system for progressive discipline, deal with employee leaves of absence, terminate an associate, and manage the mechanics of termination (includes a detailed checklist of steps).
Table of Contents
Chapter 1: Introduction
Significance of Terminating Decisions
I Really Should Have....
Stepping Back: Avoid Terminations Through Good Hiring Practices
Avoiding Termination Through Good Hiring Practices
Before Terminating Employment, Do Your Homework
Is the Employee At-Will?
- Public Policy
- Implied Contract
- Covenant of Good Faith and Fair Dealing
Do You Have Any Obligations During a Probationary Period?
Are You Going to Terminate “For Cause?”
Federal and State Law Considerations
Review the Personnel File Before Making Your Final Decision
Some Situations that Usually Require a Prompt Termination Decision
- Workplace Violence
- Unauthorized Use, Sale or Possession of Drugs or Alcohol
- Fraud or Embezzlement
Conclusions: Think It Through
Chapter 3: Terminating Employment in a Progressive Discipline Environment
A Word About the Importance of a Good Manual
An Overview of Progressive Discipline
How Long Should a Record of Discipline Remain Active?
I Don’t Have an Employee Manual. What Should I Do?
Sample Dos and Don’ts
Conclusion: Timing and Process Are Key
Chapter 4: Terminating Employment When Your Employee Does Not, or Cannot, Return to Work
The Legal Landscape
- Americans with Disabilities Act
- Family and Medical Leave Act
- Pregnancy Discrimination Act
- Uniformed Services Employment and Reemployment Rights Act
- Workers’ Compensation
A Word About Attendance and Absence Policies
Absences: When Do They Pass From Allowable to Annoying
Bottom Line? Be Proactive
The Long Term Absence: When Should You Allow It and When Should It Result in Termination?
At the End of the Rope: Termination Time
Conclusion: It’s Complicated
Chapter 5: Terminating an Associate or Partner
Is There an Agreement?
I Have an Independent Contractor Relationship. Can I Terminate the Contractor?
Practical Ramifications of Terminating and Independent Contractor
I Have an Associate or Partnership Agreement? Am I Stuck?
Terminating an Associate or Partner Who Has Begun to Buy Office Equity
Continuity of Patient Care and Restrictive Covenants
Conclusion: Take Your Time
Chapter 6: Mechanics of a Termination: The When, Where, Why and How
First Things First: Create Your Own “To-Do” List
Communicating the Termination Decision to the Employee and the Practice
Guidelines for an In-Person Termination Meeting
What’s Yours is Mine and What’s Mine is Mine: Keeping Track of Practice Property
Do I Have to Give a Terminated Employee Access to His or Her Employee File?
Should I Draft a Letter?
Should I Request an Exit Interview?
What About Severance? When Should I Offer It and Why?
Special HIPAA Considerations
Confidentiality and Non-Compete
Our Lips Are Sealed: Communicating the Termination Decision to Other Employees
Just the Facts Ma’am: Providing a Reference to a Former Employee
Conclusion: Be Prepared
Chapter 7: Post-Termination Issues
Some Common Claims in the Termination Context
A Primer on Discrimination Claims: What is Title VII, What Is a Protected Class, and Why Do I Care?
The Harassment Quagmire: He Said, She Said, or He said, He Said, or….
What is Wrongful Termination?
Defamation Claims: What You Say Can and Will Be Used Against You
Navigating the Legal System: Anatomy of a Possible Lawsuit
Conclusion: Educate Yourself
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