A practice manager or owner at some point will have to terminate an employee’s contract; and this has to be a difficult decision that needs to be done with considering the dignity of the employee. It is best to hire high-quality staff and to provide all necessary training to maintain the practice success.

The decision to terminate a staff member’s contract must not be done when an employer is angry; instead it is recommended to cool down and write few points (not explanations) as reasons for the dismissal to avoid wrongful termination lawsuit. It is also important to have a witness, such as another doctor or an office administrator, as well as document(s) describing the wrong act(s) of the employee. In addition, an employer must give any due pay and maintain confidentiality and maybe thanks to the employee subject to dismissal. The employer may ask the employee then for gathering his/her personal belongings and leaving the office key.

There should be warning to correct the employee’s behaviors before taking the termination decision as inappropriate behaviors such as distracting other staff from work can be modified by such warnings. However, other behaviors, such as conducting personal business while working, intentionally making problems with other staff, acting in discourteous manner that affects the patients and frequent absenting off work, need immediate discussion with the employee especially when the dentist feels dissatisfied toward these acts. Most of dentists see some behaviors warranting immediate dismissal such as violating patients’ confidentiality, neglecting patients’ safety and stealing.

A termination decision can be considered as unjust in case it is based on discrimination by race, sex, religion or disability or based on taking permitted medical leave. Wrongful discharge can also be based on taking time off for voting or for military service.

A goodwill act can be seen if an employer helps the dismissed staff member by severance pay until finding a new job. This payment is not standard but depends somehow on the employment duration and role, and it is mostly not less than a 2-week pay. As a practice owner or manger, it is recommended to have the departing staff member sign a release form prior to giving severance pay for future liability issues.

At the end, states have variables when it comes to employment rules so the local employment law attorney must be checked to ensure the termination process is going fair.