 |
||||||||||
|
||||||||||
|
The $100,000 Gamble
Ever heard of family obligation discrimination? Unless you’ve been on the wrong end of a lawsuit in which this was the charge, you probably don’t know much about it. But according to Mike Moore, McKenzie Management’s Human Resources director, you just might save yourself $100,000 and a whole lot of sleepless nights if you familiarize yourself with the topic, particularly the part about how to avoid being sued for it.
And Mr. Moore knows all about suing employers. Prior to joining the McKenzie Management team, he spent the better part of 18 years representing employees who felt they had been wrongfully terminated. Today he’s putting that experience to work for employers, specifically dentists, who tend to be ill prepared on human resources policies and procedures.
He notes that in our litigious society, family obligation discrimination is one of the growing areas in which employees are suing their employers. The average verdict in these cases is $100,000 plus attorneys’ fees. Mr. Moore says that dental practices are ideal targets for this type of lawsuit because they hire mostly women with young children and aging parents – the demographic most likely to allege family obligation discrimination.
Making practitioners even more vulnerable for this and other employment related lawsuits is the fact that most offices either don’t have human resources policies or procedures or, if they do, those policies have been borrowed from other HR manuals and don’t address the specifics of the dental practice.
For those offices that do have HR policies, the approach is typically punitive, and that, Mr. Moore says, is frequently a trigger for legal action. “Employees are often presented with a ‘Final Written Warning.’ The word ‘warning’ is the term that is so dangerous. I have had hundreds of employees come to me with this document and the word ‘warning’ has caused them to raise their hackles to the point where they go to a lawyer because they feel they have no other options.”
He recommends avoiding the term “warning” entirely and using a different strategy that he refers to as the decision day discussion and final affirmative agreement. With this approach, the problem employee is brought in and the concerns regarding their employment are reviewed.
They are informed that the time has come in which a change is going to have to be made with their continued employment. “However, the employee is told that before the final decision is reached the practice will give them the opportunity to consider if they are committed to the office and the team. To that end, they will have one day off with pay - not for vacation or personal - but for the employee to evaluate their commitment to the practice and consider their options,” explains Mr. Moore.
When the employee returns, typically one of three things will happen. They will be very concerned about the situation and make the commitment to change their behavior. Or they may quit and never come back. The third possibility is that they come back with a list of grievances.
If they present a list of grievances, it is clear the relationship cannot be mended. At that point, the dentist must listen to the complaints, particularly if there are any references to possible discrimination. For example, “So and so is treated better and she is younger ...” The dentist must document the grievances in some form that can be retained. “If the grievances are just rehash of old complaints, the employer can move to terminate immediately. If something new should arise check it out, but the dentist can still terminate the employee,” explains Mr. Moore.
If the staff member says they are committed to the practice then present them with the Final Affirmative Agreement. “This document acknowledges in writing that the employee will not continue to display these behavior problems for a period of time, typically 180 days. If they do, they will have abandoned their employment and that constitutes a resignation. You’ve given the employee the opportunity to change and you’ve created a record proving that the dismissal is non-discriminatory.” The employee maintains their dignity and the doctor has the documentation they need to defend any claim that the action was discriminatory.
“Remember, the decision day and final affirmative agreement process is something that every practice should use in connection with a comprehensive – but workable – employment practices policy. These should not be used ad hoc,” emphasizes Mr. Moore.
The key is preparation. Too many doctors believe that if they’ve never had a claim against them they never will. That is a particularly dangerous assumption. According to Mr. Moore, it just means the chances increase with each year.
To order your “customized” Dental Employee Policy manual Click Here
Sally McKenzie is CEO of McKenzie Management. a nationwide dental management, practice development and educational consulting firm. Working “on-site” with dentists since 1980, McKenzie Management provides knowledge, guidance and personalized systems that have propelled thousands of general and specialty practices to realize their potential. Sally can be reached directly at 1.877.777.6151.
Interested in speaking to Sally McKenzie about your management concerns? Email her at Sally@thedentistsnetwork.net
|
Ergonomic Considerations
The hi-tech dental office has undergone a number of changes in the recent past. While it used to be considered cutting-edge to have a single computer at the front desk, this is no longer the case. The development of intra-oral cameras, digital radiographs, patient education systems, and cosmetic imaging has expanded the scope of services that the typical dentist can provide. However, the problem that most dentists have faced in the past continues to this day: the limited amount of space in the dental operatory. This article will briefly explore some of the options available to dentists when trying to position their technology in the operatory. The three areas to consider are placement of the computer system, placement of output devices (monitors) and placement of input devices (keyboards and mice).
Computer Systems
In most cases, the dentist should attempt to place the computer where it will be unseen by patients. Most offices use either a side-delivery or rear-delivery cabinet for storing dental supplies and handpieces, and this is often the ideal location for the computer system. Another method that is often employed is to use a special mounting bracket and to mount the computer flush on one of the walls. I’ve often found that a computer that is mounted just below the arm of the x-ray head will be unobtrusive and will not detract greatly from the esthetics of the operatory room. The important point to remember is that the computer will need to be accessed to load programs, and in some cases, will need to be situated close to other devices. For example, offices that use certain types of digital x-ray systems must position those systems no more than 6 feet from a computer due to limitations in the length of the connecting cable. The other factor to keep in mind is that the number one enemy for computers is heat. Make sure there is adequate ventilation if you plan to put it inside a cabinet.
Output
The placement of computer monitors is probably the most important aspect of technology integration in the operatory. Placement will depend on a number of factors, such as whether there will be a monitor designed for patient viewing, cost considerations, type of existing lighting (pole vs. ceiling vs. wall mounted), and viewing considerations. While flat panel monitors were once priced very high, they are now available for less than $200 on average and are an excellent choice. Besides being much lighter, they have a small footprint (take up very little space) and can easily be mounted from a ceiling, light pole, or floor-based command console. In an ideal world, there would be two monitors in the operatory; one placed in front of the patient that can be used to show patients digital x-rays, intra- and extraoral images, or patient education DVDs. The other monitor would ideally be placed behind the patient’s head where it is easily viewed by the doctor and assistant. This monitor would be used to access the practice management software and any other HIPAA-sensitive information. While a monitor can be placed near the junction of the ceiling and the wall for patients who wish to watch a video, it will have little value in that position as a diagnostic aid for the patient.
Input
The positioning of keyboards and mice is very important since it will affect the way that both the doctor and the assistant work. A keyboard that is placed behind the doctor’s back will be uncomfortable to use and will require constant swiveling of the chair. Also, this would prevent the assistant from having access to the keyboard. Ideally, the keyboard would be placed behind the patient’s head on a rear-unit, so that both doctor and assistant could access it. A wireless keyboard would also be an excellent option to consider. When it comes to mice, there are more options since more than one can be hooked to the computer at the same time.
While technology has greatly aided the modern dentist in providing care and involving the patient in co-diagnosis, care must be taken to properly plan for the ideal positioning of these devices.
Lorne Lavine, DMD is the Founder and President of Dental Technology Consultants. Dr. Lavine holds two prestigious certifications, the A+ Certified Technician designation and the Network+ Certified Professional. These designations demonstrate proficiency in computer repair, operating systems, network design and installation. Dental Technology Consultants provide dentists a full range of services relating to the implementation of technology.
Dr. Lavine can be reached directly at 1.866.204.3398.
To unsubscribe: To discontinue receiving theThe Dentist's Network Newsletter,
click on the link at the very bottom of this page for instant removal,
To report technical problems with this newsletter or to request technical help,
please send a descriptive email to: webmaster@thedentistsnetwork.net
To request services, products or general inquires about The Dentist's Network activities
please send a descriptive email to: info@thedentistsnetwork.net
Copyrights 2006 The Dentist's Network - All Rights Reserved.