Dental and Medical Counsel Blog

5 Effective Ways to Deal with Workplace Incompetence

By Ali Oromchian Esq

If you haven’t had to suffer through an “incompetent” worker, consider yourself lucky. Whether due to flimsy hiring practices or the implementation of new equipment or strategies, many practitioners find themselves dealing with one or more employees who simply can’t seem to “catch on.” Here are some suggestions to help you approach employees who are falling behind the learning curve:

 

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Posted on 10/10/2018 at 11:11 AM

What Truly Constitutes “Discrimination” in the Workplace?

By Ali Oromchian Esq

Generally speaking, discrimination is defined as unfairly treating a person or group of people differently from another person or group. But discrimination in the workplace - meaning legally-defined and actionable discrimination - is more than that. In California, the disparate treatment which constitutes discrimination must be based upon a person’s inclusion in a protected class. These classes include race, color, national origin, religion, sex, age, and disability. California state law also prohibits discrimination based upon sexual orientation, gender identity, gender expression, marital status, or medical or genetic condition.

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Posted on 09/05/2018 at 09:00 AM

Terminations: Be Careful What You Say

By Ali Oromchian Esq

We have often spoke about the importance of documentation and the need for outlining your reasons when it comes to terminating an employee. But a recent case shows why you should also be careful exactly what you say. In Baez v. Anne Fontaine USA Inc., an employee went to HR complaining about co-workers who were gossiping about her. In particular, coworkers were spreading a rumor that the employee, Rochelly Baez, had worn a sheer shirt with nothing under it in a recent meeting with the boss. The employer said that the matter was investigated but no disciplinary measures were taken.

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Posted on 08/29/2018 at 03:31 PM

3 Employer Actions Which Increase The Likelihood of Lawsuits

By Ali Oromchian Esq

Unfortunately, for employers, no business is completely safe from labor disputes. Even if you follow all laws to the letter, there is nothing stopping a disgruntled employee from making a claim. Fortunately, in addition to following all applicable laws, there are actions which, if avoided, can lessen your chances of being subjected to legal claims. Here are three employer actions which can increase the likelihood of a lawsuit:

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Posted on 08/08/2018 at 09:50 AM

How To Address Unauthorized Overtime

By Ali Oromchian Esq

Overtime is a sticky subject for a lot of employers. With the Department of Labor’s overtime rule, business owners are, for the most part, able to limit their overtime liability to their non-exempt, or hourly, employees. But what do you do when an employee works overtime without your approval? 

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Posted on 07/25/2018 at 09:29 AM

Managing Employee Classifications And Their Implications

By Ali Oromchian Esq

Properly classifying your staff is one of the most crucial aspects of managing a practice. In fact, failure to do so can result in major problems; this includes fines and penalties from local, state, and federal agencies. Further, improper classifications can result in unpaid overtime, back pay of wages, interest, and your time. In escalated situations, a lawsuit or class action lawsuit could be filed against you, resulting in hefty additional attorney’s fees...click here to continue reading the full article.

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Posted on 06/18/2018 at 09:00 AM

The Critical Guide To Creating Severance Agreements for Your Dental Practice

By Ali Oromchian Esq

No one likes that moment when you have to terminate an employee. Unfortunately, as the owner of your dental practice, there will be times when it's necessary for you to let an employee go. Whether it's due to poor performance, issues in patient care, or ethical concerns, you want to be sure that you're following the right steps in letting the employee go legally. Writing a solid severance agreement will ensure that you are protected legally if things don't go according to plan. 

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Posted on 06/13/2018 at 09:00 AM

7 Important Things to Consider When Hiring An Associate

By Ali Oromchian Esq

Hiring an associate dentist for your practice isn't a process to be taken lightly. Not only are you hiring someone who will be working with you and your patients for a long time to come, you're setting the stage for a professional relationship that could last through the duration of your practice. As you create your associate dentist employment agreement, make sure you're giving serious consideration to these key concerns. 

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Posted on 05/23/2018 at 09:11 AM

How To Legally Terminate An Employee in Your Dental Practice

By Ali Oromchian Esq

In a perfect world, you would never have to fire an employee at your dental practice. Unfortunately, you don't live in that perfect world; and there will be times when your employees fail to meet your expectations. Whether it's poor patient interactions that leave patients uncomfortable when they're in your office, a habit of showing up late, or a more serious offense like stealing from the practice, there are times when you simply need to terminate an employee for the good of the practice. Taking care of the process legally will help protect your practice and ensure that you aren't stuck in a battle to explain why you chose to fire a particular individual. 

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Posted on 05/09/2018 at 09:54 AM

Overview of CA Supreme Court Overtime Calculations Involving Flat-Sum Bonuses Decision

By Ali Oromchian Esq

As you may know, the Fair Labor Standards Act (FLSA) requires that non-discretionary bonuses are included in an employee’s regular rate of pay for overtime purposes. As a reminder, non-discretionary bonuses are: dependent on an employee’s hours worked or on the quality or quantity of the outcome of the employee’s work, determined through the employee’s service or his or her productivity or efficiency, predetermined by specific criteria, and employees know how to earn it.

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Posted on 05/02/2018 at 10:00 AM

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