What dentists need to know about employment law: a review of progressive discipline, termination and the aftermath

Article Abstract:

Terminating an employee is a multistep process. Progressive discipline begins with an oral warning of inadequate performance. This should be documented. It proceeds to a written warning. The employee should be allowed to add comments and should be asked to sign it. Refusal to sign should be noted. The warning should state a probationary period during which the employee has time to correct the problem. Before termination, the employer should seek legal advice on whether the written record justifies termination. Raises that could be construed as merit raises or commendations or awards may rule out termination. Asking the employee to sign a release or waiver of claims may prove useful. When asked for a reference, the employer could say that the employee was terminated for inadequate performance if the employer does not maliciously discuss the employee. Another option is to refrain from revealing the reason why any employee leaves.

Laws, regulations and rules, Employee dismissals, Employment terminations, Employment at will

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Nevada Supreme Court overturns discipline of neurosurgeon

Article Abstract:

A neurosurgeon whose hospital privileges were revoked and whose applications for licenses in other states were obstructed by the Nevada state medical board had charges against him dismissed by the Nevada Supreme Court. The neurosurgeon had filed a complaint about the billing procedures and clinical practice of another doctor. After the complaint was filed, the neurosurgeon lost admitting privileges at the hospital where he practiced. When he applied for licenses to practice in other states, the Nevada medical board would not release information about his license. The neurosurgeon's license lapsed and he went bankrupt. The Nevada state medical board then filed negligence charges against him. The neurosurgeon was unable to obtain the evidence he needed to defend himself and was subject to disciplinary action. He appealed to the Nevada Supreme Court which overturned the board's decision.

Professional standards review organizations (Medicine)

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HIV-positive resident is not protected by ADA

Article Abstract:

A neurosurgery resident was stuck with a needle that may have infected him with HIV. Upon learning this, the university suspended his surgical privileges, and a committee recommended that he be allowed to continue to practice as a surgeon, but be limited to certain procedures. However, the medical center refused to let him continue and offered him the option of practicing psychiatry and pathology. The resident filed a lawsuit to continue practicing surgery.

AIDS (Disease), Hospitals, University, University hospitals

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