Terminating Employment in a Dental Office

Terminating Employment in a Dental Office

by American Dental Association, ADA Division of Legal Affairs, ADA Council on Dental Practice, ADA Department of Product Development and Sales
     
 

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).
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Overview

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

Purpose
Significance of Terminating Decisions
I Really Should Have....

Chapter 2: Events Requiring Immediate Termination Analysis

Learning Objectives
Stepping Back: Avoid Terminations Through Good Hiring Practices
Background Checks
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
- Harassment
- 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

Learning Objectives
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

Learning Objectives
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

Learning Objectives
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

Learning Objectives
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
Unemployment Compensation
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

Learning Objectives
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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Product Details

ISBN-13:
2940012094278
Publisher:
American Dental Association
Publication date:
01/01/2009
Sold by:
Barnes & Noble
Format:
NOOK Book
File size:
281 KB

Meet the Author

The not-for-profit ADA is the nation's largest dental association, representing more than 156,000 dentist members. The premier source of oral health information, the ADA has advocated for the public's health and promoted the art and science of dentistry since 1859. The ADA's state-of-the-art research facilities develop and test dental products and materials that have advanced the practice of dentistry and made the patient experience more positive. The ADA Seal of Acceptance long has been a valuable and respected guide to consumer dental care products. The monthly Journal of the American Dental Association (JADA) is the ADA's flagship publication and the best-read scientific journal in dentistry. For more information about the ADA, visit the Association's Web site at www.ada.org

The ADA offers a variety of professional publications, from infection control to staff training to coding to HIPAA, to help you run a successful dental practice. For more information, visit the ADA Catalog at www.adacatalog.org or call 1-800-947-4746.

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