As a practice owner, having to terminate an employee is simply a part of life. Maybe she has performance issues. Maybe she is habitually late without excuse. Maybe she is repeatedly getting into petty arguments with other employees. Whatever the explanation, here are some things to consider if you believe termination is warranted:

Documentation is your friend

When it comes to performance and behavior problems, you should always make notations of issues as often as possible and necessary. These documents should include dates of problems, descriptions of problems, witnesses, and any warnings which were given (along with the employee’s response). These documents can help to support your position if termination becomes inevitable.

Consult with an attorney or HR professional if there are extenuating circumstances

Does the employee claim that her timeliness or performance issues are due to a medical problem? Has she recently made an HR complaint that would put a termination at risk of being seen as “retaliation” or any other type of punishment? Could her performance issues be due to her being the victim of discrimination by a supervisor? Before you terminate, you may wish to resolve these issues and make sure that any termination would be sound and legal before you pull the trigger.

Is resignation an option?

If you have an employee who is stealing or otherwise committing a grave offense, then resignation may not be appropriate. But what if you suspect that the employee’s poor performance is because she is secretly looking for other employment? Or maybe searching for another option? Resignation allows the employee can save face and can also go a long way towards stifling future labor claims and can even prevent the employee from seeking unemployment benefits. It is another option to consider under the right circumstances.

Contact Dental & Medical Counsel

At Dental & Medical Counsel, we specialize in helping healthcare practices navigate the complexities of employment law. We provide tailored advice to ensure your procedures comply with legal standards and protect your practice from potential legal issues. Contact us today to speak with our legal experts. We can help safeguard your practice and maintain a compliant, respectful workplace environment. If you would like to learn more about our services and how we can help you or your dental or medical practice, please contact us below.

Frequently Asked Questions

Q: Why is documentation important when dealing with performance and behavior issues?
A: Documentation is crucial as it provides a record of problems, including dates, descriptions, witnesses, and any warnings given along with the employee’s response. This evidence supports your position if termination becomes necessary.

Q: When should you consult with an attorney or HR professional before terminating an employee?
A: Consulting with an attorney or HR professional is advisable if there are extenuating circumstances, such as the employee claiming medical issues, having recently made an HR complaint, or possibly being a victim of discrimination. Ensuring the termination is legally sound is crucial.

Q: How can resignation be an option in certain situations?
A: Resignation can be an option if the employee’s poor performance may be due to them seeking other employment or if they are exploring other options. It allows the employee to save face and can help avoid future labor claims or prevent them from seeking unemployment benefits.

Q: What should you do if an employee's performance issues are suspected to be due to medical problems?
A: If performance issues are suspected to be due to medical problems, it’s important to address these issues carefully. Consult with an attorney or HR professional to ensure that any action taken is legally compliant and considerate of the employee’s situation.

Q: Why might resignation not be appropriate in some cases?
A: Resignation may not be appropriate in cases involving severe offenses, such as theft. In such instances, termination is often the more suitable action to take.

Q: How can proper documentation support your position during termination?
A: Proper documentation provides a clear, detailed account of the employee’s performance and behavior issues. This evidence can substantiate your decision and protect your practice from potential legal challenges.

Q: What are some benefits of offering resignation as an option to an underperforming employee?
A: Offering resignation can help the employee maintain dignity, reduce the likelihood of future labor claims, and potentially prevent them from seeking unemployment benefits, thereby protecting the practice from additional complications.

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.