Once your practice is up and running, you will want to make sure you have the right people behind you to support it. Choosing the right front office personnel, dental assistants, hygienists and office manager is critical to maximize your investment in the practice. Here are some tips to avoid jeopardizing that investment.
What Should I Consider When Hiring Staff?
When hiring staff, you should obviously look for the best available candidate. However, problems can emerge if you exclude candidates based on their race, national origin, gender, sexual orientation or age, among other things. If you do, you could be opening yourself up to potentially costly and protracted litigation.
Should I Have An Employment Handbook?
Although not required, an employment handbook can be a good resource for both employers and employees to have. The employment handbook will set out the procedures to be followed for the employees to bring grievances to your attention, as well as expected conduct of the employees and the consequences if the employees do not meet expectations. Assuming the handbook is followed uniformly, it can serve as an excellent resource in defending against claims of discrimination or unfair treatment.
How Can I Avoid Employee Lawsuits?
Some of the most common litigation issues in the dental community are complaints about the work environment. Often, what was intended as a joke or compliment is received as harassment, or as conduct that creates a hostile work environment. The best defenses against claims of harassment or discrimination are to create an employment handbook and to maintain a professional atmosphere in which off-color jokes and behavior are not tolerated.
What Are The Benefits Of Having Independent Contractors Versus Employees?
When hiring staff, consider whether you may be able to hire them as independent contractors, rather than employees. There are limitations on who can be classified as independent contractors, but this is an increasingly common trend for certain positions, such as hygienists. Bringing on staff as independent contractors, rather than employees, can save a substantial amount in administrative costs, benefit costs and taxes.
How Should I Fire Staff?
As with hiring staff, the decision to fire staff must be non-discriminatory, including discrimination on the basis of age. If staff members are not performing to your expectations, you should have procedures in place for how they should be disciplined, as well as guidelines for the types of conduct that result in immediate termination of employment. You should also have record keeping procedures in place to ensure that there is a complete and accurate record of your disciplinary interactions with your employees. An employment handbook can assist with letting everyone know what these guidelines are. However, regardless of how you establish the procedures, they must be followed uniformly to avoid potential liability. Additionally, you may want to consider offering severance packages to employees you are terminating, with language releasing the practice if the severance package is accepted as a means of further insulating the practice from liability.
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While we are making an effort to share general knowledge with the dental community and answer dentists’ questions, this not a substitute for individualized advice from an experienced healthcare lawyer. If you would like to speak with our attorneys and have them take an in-depth look at your particular situation, please feel free to contact us directly.