![]() Did you know that during the course of your dental practice, you are more likely to be sued by an employee than by a patient? You can better protect yourself from employment suits by understanding these three simple things about at-will employment: 1. What is at-will employment? At-will employment means you, as the employer, can terminate any at-will employee at any time, for any lawful reason. This gives you a high degree of flexibility when you need to make staffing changes in your practice, while often preventing, or significantly limiting, any legal action resulting from a termination. 2. When should you use at-will employment? In many cases, it is in your best interest to establish an at-will employment relationship whenever you hire someone. This applies to your receptionists, hygienists, assistants, and in some cases, your associates as well. In most states, the law establishes at-will employment as the default, but it is always wise to clearly establish the nature of at-will employment in your employment contracts. Even if your practice experiences a high degree of employee turnover from year to year, you should start every employment relationship with a contract that clearly establishes the at-will nature of the employment. 3. How do you maintain at-will employment? Be very careful what you say to your employees, whether written, spoken, or otherwise. Don’t make any statements that suggest the employment is anything other than at-will. Avoid promises that the employee will always have a job at your practice if they perform well, or that the employee won’t be terminated before they have completed training. Statements like these may change the status of the employment, especially if the employee relies upon them when accepting the employment offer. As a final word of caution, be aware that at-will employees do have a limited number of rights. They cannot be terminated for complaining about harassment, discrimination, illegal activity, or substandard working conditions in the practice. This kind of termination is characterized as an unlawful retaliation and can carry severe legal penalties. If you would like more information about the benefits of at-will employment for your practice, give us a call at (801) 477-6388.
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March 2016
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