Termination trauma: seven ways to minimize risk when discharging an employee

In all likelihood, you will be faced with the prospect of discharging an employee within the next year. In fact, the odds are good that you are contemplating an employee termination right now. Unfortunately, the termination process is painful, and the aftermath can be worse. The costs of an employment termination are significant. The physician or medical group has the immediate expense of hiring a temporary employee while going through the arduous task of interviewing and hiring a replacement. Then there are the additional direct costs, such as contracting with an employment agency, or assigning your office manager to place advertisements, conduct interviews and background checks, and complete the paperwork associated with hiring a new employee. There are also many indirect, but not insignificant, costs associated with terminating an employee. Office routine is disrupted, office morale is adversely affected, and productivity is decreased. Unfortunately termination often triggers litigation. Ineffective or unlawful employment policies and procedures can lead to costly lawsuits for wrongful termination, employment discrimination, harassment, invasion of privacy, and defamation. This article focuses on ways to minimize the direct and indirect costs of termination, and identifies practical policies and procedures you and your staff can implement to help insulate your practice against suits and claims brought by the terminated employee and third parties. It discusses the seven most important steps you can take to minimize your risks when terminating an employee. Note: This article is intended as an overview of lawful termination strategies, and is not a substitute for legal advice from experienced employment counsel. Applicable laws vary from state to state and appropriate procedures may depend on specific factual situations. This article is not, and should not be construed as, legal advice.