Michael Moore, Esq. Director McKenzie HR Solutions Printer Friendly Version

Cliques And Queen Bees Equal Loss Of Sleep
And Profits - Part II

In part one of this article, we discussed the various ways that things can go bad when the boss isn’t in control of the staff, and the impact this can have on the practice’s bottom line. I was discussing an associate’s case in which an office “queen bee” and her clique were actively obstructing and sabotaging the associate’s work, and the host doctor refused to step in. If we dig a little deeper, we will no doubt find that profits are down in this office because of the inefficiencies that result from such a situation.

I have not yet addressed the potential for a major legal claim if the associate is forced out because of the host doctor’s refusal to take action. There could be contract claims, discrimination claims, defamation charges, and a host of other legal theories a good litigator could bring to bear on the facts. Nor have I addressed the potential for patient complaints to the state dental board.

Without knowing any more about this practice, I already know that the host doctor neither has a written employment policy, nor has he ever taken steps to bring order to his office. His reaction – denial – is understandable. No one likes confrontation, and the host doctor either consciously or unconsciously recognizes that if he takes action, it is going to cause major headaches for him. What is happening is the result of years of neglect. And that is understandable as well, because in most situations, the doctor is the last one to learn that the environment has become toxic.

If the doctor is unaware of a deteriorating office environment, his potential exposure is growing each day. Some doctors have expressed to me that they haven’t any worries because they have never had a problem. But in today’s employment environment, nothing is as it has been. Employees are more and more conscious of the need to seek legal advice if they are fired or forced to quit. And if you consider that defending just one legal case will cost a minimum of $50,000.00, is that a risk that you want to take?

I have reiterated again and again that a written employment policy is the only way to reduce or eliminate the potential of the dysfunctional office that leads, at the least, to loss of profits. It is necessary to not only have this policy, but to ensure that it is consistently followed. But not just any policy will do. There are many policies available – some for a couple hundred bucks on the internet. But these are all punitive and paternalistic in form, and they do not accomplish the key goal – reducing the doctor’s anxiety level by increasing his or her knowledge of the office environment, and also by using non-threatening methods in discipline and separation of employees.

In writing the McKenzie Employment Practices Manual, I have drawn on twenty years of litigating employment claims. I’ve distilled the most effective procedures from hundreds of corporate manuals and policies – and I’ve created unique methods for the doctor to deal with problem employees in a manner that is neither confrontational nor disruptive. In doing so, the doctor creates a paper trail that effectively immunizes the practice against employment claims.

Here are the key elements of an effective policy:

• The policy must be only as detailed as necessary, and must be understandable and useable by anyone. A multi-volume policy, or one written in legalese, will simply end up in the drawer.

• The policy covers every contingency that you can conceive of – use of computers, dress, provision for ongoing education or certification, leaves of absence, reimbursement for dental work on staff and family members, etc.

• Because it is concise, every employee gets a copy of the provisions and signs that it has been received and read. The receipt acknowledges that she was paid to read it.

• The policy guides you in effectively hiring staff.

• The policy provides employees with an anonymous means of bringing issues of concern to the doctor’s attention – simply stating that you have an “open door” doesn’t get it.

• “Discipline” in the form of warnings and suspensions do not exist. You definitely counsel, and you document counseling. The policy provides for the employee to be the first to take responsibility for her own behavior by, among other things, providing the employee with a “decision day” to consider her situation if there have been ongoing issues.

• Exit procedures are clearly set forth, and your protection is in the “exit evaluation” that every separating employee is asked to fill out upon leaving. This applies to everyone – including those who are terminated.

The key to effective management of staff performance is that – insofar as foreseeable – every contingency affecting an employee is known. It doesn’t require hundreds of pages, but it is the first critical step. Second, you consistently follow the policy. In most cases, there is no undo hardship for the doctor in this. Third, by following the policy, you – and the employee – create the documentation to establish that all employees are treated with fairness, consideration and respect.

Remember – queen bees and cliques didn’t work in high school, and they won’t work in a professional office. The consequences for the doctor if they go unchecked can be more costly than you can possibly imagine. So take action, institute a policy, and follow it. You will sleep better every night.

Mike Moore is ranked among the best in employment law and has been named one of the top 10 lawyers in Ohio. As Director of McKenzie's HR Solutions, Mike is the creator of the Employment Policy and Handbook, geared to providing dentists who are unsophisticated in the legal arena with a step-by-step policy manual.

Click here to hear Mike present “7 Elements of an Effective Employment Policy.” Email Mike at mike@thedentistsnetwork.net.

Interested in having Mike speak to your dental society or study club? Click here.

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