Skip to page content
Washoe County Medical Society
Menu

Observations from the Legal Trenches

Lyn Beggs

Avoiding Employee Issues

Medical practices excel at assuring compliance with laws regulating the practice of medicine. However many falter when it comes to properly handling employment issues.

Many small and medium sized practices use third-party payroll/human resource agencies for employment matters. While such outsourcing can be of great assistance to a practice, there will always remain certain employee matters must be addressed internally. Employment issues crop up most frequently when an employee has or is about to be terminated. An employee, past or present, may file some type of claim regarding their termination with a governmental agency or in some cases take legal action for alleged wrongful termination.

However, by taking some proactive measures, a practice may mitigate the risk of such actions. Some suggestions for mitigation are:

  • Maintain records: If an employee is engaged in a pattern of inappropriate behavior, such behavior should be documented. Maintaining documentation regarding such behavior may support a basis to terminate the employee and illustrate if needed that there was good cause to terminate the employee. However, remember that Nevada law allows an employee to submit a written response to any written entry in the employee’s record.
  • Remember “at will” is not always “at will”: Before terminating an employee, a practice should evaluate if the individual at issues is a member of a protected class to avoid claims of discriminatory termination. Protected classes include, but are not limited to, individuals with disabilities, minorities, individuals over forty years of age, etc. Before terminating anyone who may be a member of a protected class, consult with counsel.
  • Have employment policies: Having a least a few written employment policies will provide clarity to employees of expectations and allows for a practice to show that an employee is or is not in compliance with such policies. Disciplining or terminating an employee based on verbal policies alone is not advisable.

Employment issues can expose a practice to both legal and administrative liability. If there is any potentially problematic issue with an employee or termination of an employee, a practice should seek advice from counsel. Also, the Nevada Association of Employerswww.nevadaemployers.org which can provide resources on employee issues and referrals to employment attorneys.

Ms. Beggs, owner of the Law Offices of Lyn E. Beggs, PLLC, focuses her practice primarily on administrative and professional licensing board issues in addition to representing healthcare providers on a variety of issues. Ms. Beggs may be reached at 775-432-1918 or at [email protected].