When it comes to employment law and personnel issues, documentation should be your best friend. Whether it's a recurring performance problem or a single behavioral incident, proper documentation can protect your practice in the case of a dispute. You should make note of what happened, as well as the date and time (if applicable) as well as any witnesses or affected parties. If the incident leads to disciplinary action or termination, this should also be noted.

If you are unsure whether an incident should be documented, the safest approach is to make note of it just in case. To give you some guidance, here are 10 examples of employee problems that should be documented as soon as possible after they occur:

• Arriving late multiple times or without adequate explanation
• Receiving poor patient feedback
• Using personal electronic devices or taking excessive personal calls while working
• Working unapproved overtime
• Failing to complete paperwork or other projects correctly
• Sending inappropriate emails to coworkers
• Getting into an argument with a patient or coworker
• Failing to follow rules during probationary period
• Violating safety procedures
• Uses equipment without proper training or authorization

An employee who participates in any of the above activities could potentially need to be terminated. Due to this possibility, it is a good idea to protect yourself and your practice by taking note of the problem when it happens so that you can support your actions if a labor dispute were to later take place.

If you would like to learn more about our services and how we can help you or your dental, optometric, veterinary, or medical practice in regards to employment law, please contact us below.

Frequently Asked Questions

Q: Why is documentation important in employment law and personnel issues?
A: Documentation is crucial because it serves as a written record that can protect your practice in case of disputes or legal issues. It provides evidence of what happened, including details such as date, time, and any witnesses, which is essential for resolving disputes fairly and legally.

Q: What types of employee issues should I document?
A: You should document any incidents or patterns of behavior that could lead to disciplinary actions or termination. This includes repeated tardiness, negative patient feedback, misuse of personal electronic devices, unapproved overtime, errors in paperwork, inappropriate communications, conflicts with patients or coworkers, non-compliance during probationary periods, safety violations, and unauthorized use of equipment.

Q: How should I document an employee incident?
A: Document the incident by noting what occurred, the date and time it happened, the individuals involved, and any witnesses. Also, describe the impact of the incident on the workplace and any immediate measures taken in response.

Q: What if I am unsure whether an incident needs to be documented?
A: If in doubt, it's safest to document the incident. This ensures that you have a record should the issue escalate or become part of a pattern of behavior that needs to be addressed later.

Q: How can proper documentation protect my practice?
A: Proper documentation can defend your practice in legal disputes by providing clear, timestamped, and factual records of incidents. It helps demonstrate that any disciplinary actions or terminations were justified and based on factual occurrences, thereby reducing legal risks.

Q: What should I do if an incident leads to disciplinary action or termination?
A: Document the disciplinary action or termination, including the reasons behind the decision, the steps leading up to it, and how the decision was communicated to the employee. Ensure all documentation is clear and objective to support your actions legally and ethically.

Q: Can failing to document employee issues have legal consequences?
A: Yes, inadequate documentation can weaken your position in legal disputes, potentially leading to unfavorable rulings in cases of wrongful termination or discrimination claims. It can also make it difficult to prove that your actions were justified and based on consistent practice policies.

Q: How often should I review my documentation practices?
A: Regularly review your documentation practices to ensure they comply with current employment laws and are effectively protecting your practice. This might include training sessions for your management team on proper documentation techniques and periodic audits of your records.

About the Author

At Dental & Medical Counsel, we've been instrumental in realizing the practice goals of countless healthcare professionals. Whether you're looking to purchase, launch, or sell a healthcare practice, our expertise is your guide. Beyond the initial stages, we're committed to ensuring your healthcare practice remains legally compliant.

We provide comprehensive support, including employment law protections, healthcare contract reviews, and assistance with healthcare employment agreements. Additionally, we specialize in incorporating healthcare practices and securing trademarks. And for long-term planning, our services extend to helping healthcare professionals with succession and estate planning. Trust us to be your partner in every step of your healthcare practice journey.

About Ali Oromchian, Esq.

Your Healthcare Lawyer

Ali Oromchian, JD, LL.M. is the founding attorney of the Dental & Medical Counsel, PC law firm and is renowned for his expertise in legal matters

Ali Oromchian, JD, LL.M., is a leading legal authority in dental law and the founding attorney of Dental & Medical Counsel, PC, with over two decades of experience. His deep connection to dentistry comes from his wife's nearly two-decade-long career as a pediatric dentist.

This personal insight fuels his dedication to empowering dentists to navigate their legal challenges and achieve their practice goals. In doing so, Ali has helped thousands of doctors open their practices while maintaining legal compliance.

Ali is frequently quoted and contributes articles to dental publications, including the California Dental Society, Progressive Dentist, Progressive Orthodontists, Dentistry Today, Dentaltown, and The New Dentist magazines, further showcasing his commitment to the dental community.