Dental and Medical Counsel Blog

At Dental & Medical Counsel, we understand the hassle of managing a dental practice, especially concerning employment issues. Wrongful termination claims can severely impact your practice both financially and reputationally. This article aims to guide dental practice owners through the intricacies of wrongful termination, ensuring you are equipped with knowledge to protect your business. A dental attorney from our dental law firm can provide you with the assistance you need!

What Is Wrongful Termination?

Wrongful termination refers to the illegal dismissal of an employee, violating federal or state laws. This typically involves firing an employee for discriminatory reasons, retaliation, breach of contract, or other prohibited actions. Understanding what constitutes wrongful termination is crucial for dental practice owners to avoid legal pitfalls. It is not simply about an employee feeling unfairly treated; it involves clear violations of legal standards.

In dental practice, wrongful termination might arise if an employee is dismissed for taking legally protected leave, such as FMLA or disability accommodations. Employers must differentiate between poor performance or policy violations and legally protected activities to ensure terminations are justified and documented appropriately.

Legal Grounds for Wrongful Termination Claims

Employees may claim wrongful termination on several legal grounds, such as discrimination, retaliation, or violation of public policy. Dismissing an employee based on age, race, gender, or disability could lead to significant legal issues. Dental practices must understand these grounds to ensure their termination practices do not unintentionally infringe upon employee rights. This is where expert dental legal services are a necessity. 

Another legal basis for claims includes retaliation, where an employee is terminated for engaging in legally protected activities. If a dental practice fires an employee for filing a harassment complaint or blowing the whistle on unethical practices, this could be deemed retaliatory and, thus, wrongful. These scenarios underscore the importance of clear policies and consistent, fair treatment across all employment actions.

The Impact of At-Will Employment on Termination Practices

At-will employment, prevalent in many states, allows the employer or the employee to end employment without cause. However, this does not grant dental practices immunity from wrongful termination claims. It is crucial to understand that even at-will employment is subject to the limitations imposed by anti-discrimination laws and other employment regulations.

While at-will employment provides flexibility, practices must be cautious and rational in their dismissal decisions. Employers must ensure that their actions are not construed as discriminatory or retaliatory, which can be legally contested despite the at-will nature of the employment.

Common Mistakes Leading to Wrongful Termination

Our dental lawyers see several common mistakes that lead to wrongful termination. They include:

1. Ignoring Documentation: Many practices make the mistake of not documenting performance issues or policy violations. Consistent, detailed records of employee behavior and disciplinary actions are essential to defend a termination if challenged.
2. Inconsistent Application of Policies: When policies are applied inconsistently, it opens the door to discrimination claims. All policies must be enforced uniformly across all employees to avoid perceptions of unfair treatment.
3. Lack of Clear Policies: Not having clear, written policies regarding employment termination can lead to misunderstandings and legal disputes. Policies should clearly define what behaviors lead to termination and the process that will be followed.
4. Failing to Train Management: Managers who are not properly trained on the legal aspects of employment and termination are more likely to make decisions that could lead to wrongful termination claims. Training should include clear guidelines on what constitutes lawful and unlawful termination.
5. Neglecting to Consult Legal Counsel: Terminating an employee without consulting with legal counsel can result in overlooking potential legal risks. Legal professionals can provide crucial insights into the details of employment laws and help mitigate risks.

How to Handle the Termination Process Legally and Ethically

Our dental lawyer works to educate clients on how to morally and legally handle termination procedures. A few steps include:

1. Review the Employee’s File: Ensure all documentation supports the termination decision. This includes performance reviews, disciplinary actions, and any previous warnings.
2. Consult Legal Advice: Before proceeding with termination, consult with a lawyer to ensure that the decision is defensible from a legal standpoint.
3. Conduct a Termination Meeting: Arrange a meeting in a private setting and explain the reasons for termination clearly and professionally.
4. Provide Written Documentation: Provide the employee with a termination letter that outlines the reasons for the decision and any severance package, if applicable.
5. Handle Final Paycheck Appropriately: Comply with state laws regarding final paychecks, including all owed wages and accrued vacation pay, if applicable.
6. Offer Support for Transition: If possible, provide resources or assistance for the employee’s transition, such as a reference or outplacement services.
7. Communicate with Remaining Staff: Inform your team about the termination in a manner that respects the privacy of all involved and maintains team morale.

Documenting Employee Performance and Misconduct

Documenting employee performance and misconduct is integral to managing a dental practice. Detailed records can protect your practice in the event of a wrongful termination claim. Every misconduct or subpar performance incident should be recorded along with the date, the individuals involved, and any actions management takes.

Continued documentation demonstrates a pattern of behavior that can justify termination decisions. This helps defend against wrongful termination claims and ensures transparency and fairness in how disciplinary actions are handled within your practice. Our dental lawyer uses this documentation to defend you and your practice.

The Role of Employee Handbooks in Preventing Legal Issues

Employee handbooks are vital in setting forth the expectations and policies of your dental practice. They provide a reference point for employees and management, clarifying the standards of behavior and the consequences of failing to meet them. Regular updates to the handbook ensure all policies comply with current employment laws, which can change frequently.

A well-crafted handbook can serve as a first defense in a wrongful termination claim, showing that the employee was aware of the policies they violated. It is also crucial to demonstrate that your practice takes its policies seriously and applies them consistently. Our dental attorney would be happy to help you craft these handbooks accordingly.

Training Your Management Team on Lawful Dismissal Practices

Proper management team training is essential to ensure that terminations are handled legally and ethically. Managers should understand the legal grounds for termination, how to document performance issues properly, and how to conduct termination meetings respectfully. Training should emphasize the importance of consistency and fairness in applying policies across all employees.

Such training minimizes the risk of wrongful termination claims and enhances your management team's leadership skills, contributing to a more positive and productive work environment.

Procedures for Handling Dispute Resolution and Appeals

1. Establish a Formal Procedure: Establish a formal procedure for employees to challenge terminations or file grievances. This should be outlined in the employee handbook.
2. Review the Appeal: When an appeal is filed, review the employee’s file and any relevant documents or evidence that supports or contradicts the appeal.
3. Hold a Meeting: Arrange a meeting with the employee to discuss the appeal. This should be conducted by a manager or a human resources representative who was not involved in the initial termination decision.
4. Make a Decision: After reviewing the appeal, decide based on the facts and documentation. Communicate this decision to the employee in writing.
5. Keep Detailed Records: Document the entire appeal process, including what was discussed during the meeting and the reasons for the final decision.
6. Provide Feedback to Management: Use the insights gained from the appeal process to provide feedback on how termination decisions are made and how they can be improved.
7. Review Policies Regularly: Review and update your dispute resolution policies to ensure they comply with current laws and best practices.

Protecting Your Practice Through Employment Practices Liability Insurance

Employment Practices Liability Insurance (EPLI) provides coverage against claims made by employees regarding violations of their legal rights. For dental practices, this can include claims of wrongful termination, discrimination, harassment, and other employment-related issues. Investing in EPLI can protect your practice from the financial burden of these claims.

Adhering to legal and ethical employment practices is the first layer of defense in protecting your practice. However, even with the best practices in place, wrongful termination claims can still arise. EPLI acts as a safety net, providing the necessary resources to defend against claims and cover any resultant settlements or judgments.

Legal Advice and Consultation: When to Seek Professional Help

1. Complex Termination Decisions: If a termination involves complex issues, such as potential discrimination or retaliation, it’s crucial to seek legal advice to work through the situation.
2. Policy Development: Legal consultation ensures compliance with current employment laws when developing or revising employment policies and handbooks.
3. Claims of Wrongful Termination: If an employee claims wrongful termination, immediate legal consultation is necessary to effectively address the claim and minimize potential damage.
4. Changes in Employment Laws: Employment laws can change frequently. Regular consultations with a legal expert can help your practice stay compliant and avoid unintentional violations.
5. Training and Workshops: Professional legal workshops can provide your management team with up-to-date information on employment laws and best practices in handling terminations and other employment issues.

Contact Dental & Medical Counsel for Help With Lawful Termination Procedures

At Dental & Medical Counsel, we specialize in helping dental practices overcome the hurdles of employment law, including wrongful termination. We provide tailored advice to ensure your termination procedures comply and protect your practice against potential legal issues. Contact us today to speak with our dental lawyer. We can safeguard your dental practice against wrongful termination claims and maintain a compliant, respectful workplace environment. 

Frequently Asked Questions

Q: What is wrongful termination?
A: Wrongful termination refers to the illegal dismissal of an employee, violating federal or state laws. This typically involves firing an employee for discriminatory reasons, retaliation, breach of contract, or other prohibited actions. It's crucial for dental practice owners to understand these legal standards to avoid potential legal issues.

Q: What are some examples of wrongful termination in a dental practice?
A: Wrongful termination in a dental practice might occur if an employee is dismissed for taking legally protected leave, such as FMLA or disability accommodations. Employers must distinguish between poor performance or policy violations and legally protected activities to ensure terminations are justified and documented appropriately.

Q: On what legal grounds can employees claim wrongful termination?
A: Employees may claim wrongful termination based on discrimination (age, race, gender, disability), retaliation (firing for filing harassment complaints or whistleblowing), or violation of public policy. Dental practices must understand these grounds to ensure their termination practices do not infringe upon employee rights.

Q: How does at-will employment affect termination practices in dental practices?
A: At-will employment allows either the employer or the employee to end employment without cause. However, this does not protect dental practices from wrongful termination claims. Employers must ensure their actions are not discriminatory or retaliatory, which can be contested legally despite the at-will nature of employment.

Q: What common mistakes can lead to wrongful termination claims?
A: Common mistakes include ignoring documentation, inconsistent application of policies, lack of clear policies, failing to train management, and neglecting to consult legal counsel before termination. These errors can open the door to wrongful termination claims.

Q: How can dental practice owners handle the termination process legally and ethically?
A: Steps include reviewing the employee's file for documentation, consulting legal advice, conducting a termination meeting in a private setting, providing written documentation, handling the final paycheck appropriately, offering support for the employee’s transition, and communicating with remaining staff to maintain morale.

Q: Why is documenting employee performance and misconduct important?
A: Documenting performance and misconduct helps defend against wrongful termination claims and ensures transparency and fairness in handling disciplinary actions. Detailed records demonstrate a pattern of behavior justifying termination decisions.

Q: How do employee handbooks help prevent legal issues?
A: Employee handbooks set forth expectations and policies, clarifying standards of behavior and consequences. Regular updates ensure compliance with current employment laws. A well-crafted handbook can serve as a first defense in a wrongful termination claim by showing that the employee was aware of the policies they violated.

Q: Why is training management on lawful dismissal practices important?
A: Proper training ensures terminations are handled legally and ethically, reducing the risk of wrongful termination claims. It also enhances leadership skills, contributing to a more positive and productive work environment.

Q: What procedures should be followed for handling dispute resolution and appeals?
A: Establish a formal procedure for grievances, review the appeal, hold a meeting with the employee, make a decision based on facts and documentation, keep detailed records, provide feedback to management, and regularly review and update policies.

Q: How can Employment Practices Liability Insurance (EPLI) protect a dental practice?
A: EPLI provides coverage against claims made by employees regarding violations of their legal rights, such as wrongful termination, discrimination, and harassment. It acts as a safety net, providing resources to defend against claims and cover settlements or judgments.

Q: When should dental practices seek professional legal advice?
A: Legal advice should be sought for complex termination decisions, policy development, wrongful termination claims, changes in employment laws, and for training and workshops to ensure compliance and best practices in handling employment issues.

Q: How can Dental & Medical Counsel help with lawful termination procedures?
A: Dental & Medical Counsel specializes in helping dental practices navigate employment law challenges, including wrongful termination. They provide tailored advice to ensure compliance and protect practices against legal issues. Contact them for professional assistance and safeguard your practice against wrongful termination claims.

About the Author

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

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

About Ali Oromchian, Esq.

Your Dental 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.