Rightful Discharge: Making "Termination" Mean It's REALLY Over Part 2-Proper Documentation.

The importance of proper documentation when taking any type of disciplinary action, particularly a termination, cannot be overstated. Proper documentation is a fundamental requirement placed upon employers by the courts when determining whether a termination is "legal." The following sample forms do not encompass all types of documentation that may be required for a given set of circumstances; they do provide the framework for health care managers to fashion their own forms to fit their employer's needs.

Rightful Discharge: Making "Termination" Mean It Is Really Over: Part 1-Issues and Legislation.

One of the most difficult undertakings for any employer is carrying out a decision to terminate an employee. Of all the employment-related actions taken by employers, the act of termination creates the greatest risk of legal liability. Many claims of employment discrimination filed with the Equal Employment Opportunity Commission arise from the act of termination. In many federal courts, employment-related lawsuits account for more than 50% of all court filings; these lawsuits cover a wide range of subjects, such as failure to hire, defamation, breach of contract, and harassment, to name a few. However, most employees sue because they have lost their job or fear they will lose their job. Because these individuals have virtually nothing to lose, they often see filing a claim with the Equal Employment Opportunity Commission or filing a lawsuit as the only viable option-often suing for wrongful discharge. With a thoughtful review of the issues and the legislation addressed in this article, health care managers can reduce the unnecessary risk of expensive, time-consuming litigation.

It Doesn't Have to End in Disaster: A Case for Employment Compliance.

It only takes one unhappy or disgruntled person to create a legal nightmare for you. There's no need to take this gamble. All it takes is awareness, commitment and action on your part. Once you have your HR house in order and have implemented a sound HR program in your practice, you also can feel good about knowing you are giving your staff every protection due to them under the law and every opportunity to be happy and successful in your practice. For yourself, you will be minimizing your risks and protecting your most valuable asset--your practice. You also will have given yourself the gift of peace of mind.

Contingent workers: Workers' compensation data analysis strategies and limitations.

The growth of the contingent workforce presents many challenges in the occupational safety and health arena. State and federal laws impose obligations and rights on employees and employers, but contingent work raises issues regarding responsibilities to maintain a safe workplace and difficulties in collecting and reporting data on injuries and illnesses. Contingent work may involve uncertainty about the length of employment, control over the labor process, degree of regulatory, or statutory protections, and access to benefits under workers' compensation. The paper highlights differences in regulatory protections and benefits among various types of contingent workers and how these different arrangements affect safety incentives. It discusses challenges caused by contingent work for accurate data reporting in existing injury and illness surveillance and benefit programs, differences between categories of contingent work in their coverage in various data sources, and opportunities for overcoming obstacles to effectively using workers' compensation data.

"All who nurse for hire": nursing and the mixed legacy of legislative victories.

Sustained support of policy initiatives by nursing has resulted in significant legislative victories. One victory, the passage of the 1938 New York State Todd-Feld Act, which underwent legislative debate at a time when the nurse labor market was in disarray, during an economic depression, and before U.S. entry into World War II, reinforces our understanding that nursing must be a strong shepherd for policies beneficial for health care delivery. Designed to correct serious deficiencies in the nursing workforce, the act successfully required licensing for those working as registered and practical nurses. Yet, its provisions failed to stop all unlicensed nurse workers from practicing. Rapid changes occurring in the nurse labor market against the backdrop of growing hospital power over the employment of all nurse workers minimized the act's effectiveness. Policy implications include the need to focus on the complex nature of health care policy initiatives, flexibility in the face of changing circumstances, and acceptance of political realities.

Responsibility of a frontline manager regarding staff bullying.

Canadian frontline nursing managers are observing an increase in the reporting of workplace bullying as more nurses become aware of their employers' legal obligations to provide employees with a respectful workplace, per the Canada Human Rights Code, Canada Labor Code, and Canada Occupational Health and Safety Regulations. One problem with this reporting is that the victim's reports of bullying may become overshadowed by the bully's reports of victim incompetence, resulting in the victim experiencing further victimization. Bullies may report the victim (target) as inept, deficient in knowledge, or lacking ability. Fear of re-victimization plays a significant role in the victim's failure to report workplace bullying. It is important that managers focus on the bullying and not on the perceived character flaws described by the bully. The author begins by describing workplace bullying and reviewing the workplace bullying literature. She then presents and discusses a composite case study. To assist managers in discouraging bullying she shares supports for addressing bullying, specifically workplace policies, collective agreements, human resources departments, mediation, alternative dispute resolution, and arbitration, and concludes by reminding frontline managers of their important role in identifying bullying and understanding the victim's fears of further victimization.

What's that, you say? Employee expectations of privacy when using employer-provided technology--and how employers can defeat them.

Two 2010 court cases that determined the effectiveness of policies governing employees' use of employer-provided communication devices can be used to guide employers when constructing their own technology policies. In light of a policy that stated that "users should have no expectation of privacy or confidentiality," one case established that the employer was in the right. However, a separate case favored the employee due, in part, to an "unclear and ambiguous" policy. Ultimately, employers can restrict the use of employer-furnished technology by employees by: 1) clearly outlining that employees do not have a reasonable expectation of privacy in their use of company devices; 2) stating that any use of personal e-mail accounts using employer-provided technology will be subject to the policy; 3) detailing all technology used to monitor employees; 4) identifying company devices covered; 5) not exposing the content of employee communications; and 6) having employees sign and acknowledge the policy.

Lack of performance: the top reasons for terminating healthcare employees.

One of the responsibilities of being a radiology manager unfortunately involves terminating employees. This task can be unpleasant and difficult for both the employee and the manager. It can also be filled with legal ramifications if not handled appropriately. Therefore, it is important for radiology managers to be keenly aware of the typical reasons healthcare employees are terminated. Recognizing the most common reasons for termination can provide radiology managers with an avenue by which to create initiatives. These initiatives should be aimed at reducing the problem areas which lead to the undesirable task of firing employees. A survey of human resource managers in the healthcare industry was conducted and identified the most recurrent reasons healthcare employees are terminated. It also explored the root causes pertaining to terminations involving lack of employee performance.

Effectively using a healthcare attorney is critical to your practice's legal health.

Attorney jokes are legendary among physicians. However, in today's healthcare climate physicians can benefit by having a collaborative relationship with a trusted legal partner--one who understands the business and regulations of medicine as well as the law.