Dental and Medical Counsel Blog

Employee Discipline: Always Ensure You Have Documented Justification

By Ali Oromchian Esq

When you discover a problem with an employee, the knee-jerk reaction is to remedy the problem quickly, either via disciplinary action or perhaps even termination. But on-the-spot discipline can have its own unintended consequences, including allegations of improper termination. Worse yet, a disciplined or terminated employee could make allegations of discrimination or harassment which could leave your practice tied up in a labor dispute for months or even years.

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Posted on 06/26/2019 at 12:47 PM

Family and Medical Leave Act (FMLA) Compliance Investigations: How to Protect Your Practice

By Ali Oromchian Esq

It used to be that the U.S. Department of Labor was so preoccupied with investigating wage and hour complaints that Family and Medical Leave Act (FMLA) complaints often went ignored. But a newfound dedication to addressing FMLA issues has resulted in a number of companies being investigated for failure to comply with FMLA regulations.

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Posted on 06/19/2019 at 10:44 AM

Case Summary: Gender Discrimination Costs Healthcare Firm $125K

By Ali Oromchian Esq

Today’s lesson on what not to do comes from a case filed against a healthcare firm by the Equal Employment Opportunity Commission, details for which can be found in the the EEOC's announcement of a settlement against Maryland-based Dimensions Healthcare System. 

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Posted on 06/12/2019 at 12:14 PM

When it Comes to Termination Decisions, Avoid Rationalizing

By Ali Oromchian Esq

Terminations are one of the most difficult parts of being in management. As a result, most business owners and HR directors will do everything possible to try to avoid them. This includes trying to rationalize the employee’s behavior so as to delay, or cancel entirely, the termination decision. Here are some of the most common rationalizations that you, or your managers, may be tempted to use, as well as reasons why this thinking does not benefit your practice:

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Posted on 06/05/2019 at 09:58 AM

Why You Should Always Memorialize Your Business Agreements in Dental Contracts

By Ali Oromchian Esq

Framed in the simplest terms possible, legal disputes are expensive. They waste valuable time and money, and can cause a wealth of other issues along the way. The best way to stop this problem is to try and completely avoid disputes and work to minimize risks. By memorializing your dental practice’s business agreements in contract, you can limit the possible amounts of mitigation you will need to do later. You can even avoid trials by including binding language regarding mediation and arbitration. Overall, making sure that your contract language is both clear and detailed is the first step towards successfully memorializing your business agreements.

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Posted on 05/15/2019 at 10:45 AM

How to Recognize Red Flags When Buying a Dental Practice

By Ali Oromchian Esq

If you are in the market to purchase a dental practice, there are a number of things you will need to know about the search process. Whether you are new to the buying game or a seasoned professional, being prepared in advance is the best way to go. By understanding the red flags discussed below and why they are of importance, you will soon be ready to continue forward with the purchase process.

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Posted on 03/27/2019 at 10:16 AM

How Data Breaches Affect Dental Practices

By Ali Oromchian Esq

As technology evolves so do the risks to a dental practice especially when it comes to HIPAA and other related security breaches of sensitive data. When you own a dental practice, a data breach occurs when there has been unauthorized access to data that is confidential which includes information such as patients’ social security numbers, names, addresses, birth dates and more.  Most data breaches are sourced from several types of events: criminal attacks, system vulnerabilities or human error.

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Posted on 03/20/2019 at 10:38 AM

Social Media and Off-the-Clock Posting

By Ali Oromchian Esq

With social media’s prevalence in our society, many dental practices are left feeling victim to scathing social media postings. Many doctors wonder if they can discipline employees for what they do on their own personal social media accounts?

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Posted on 03/06/2019 at 10:13 AM

Why Fighting an Unemployment Claim Might Not be Worth the Trouble

By Ali Oromchian Esq

When terminating an employee from a dental practice, every employer must be prepared to deal with the potential consequences. Regardless of whether you have documented the cause for termination, every terminated employee may exercise their right to file for unemployment benefits. While a former employee has an absolute right to file for these benefits, that does not necessarily mean that the claim will be an easy win for either party or that you should even oppose it. In fact, in many cases, it is more advantageous to simply forfeit your participation in these disputes. Discussed below are several reasons why fighting unemployment claims might not be worth the trouble.

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Posted on 02/20/2019 at 04:04 PM

Defense in Professional Board Matters

By Ali Oromchian Esq

Imagine that you have a successful dental practice. You serve your patients to the best of your ability; you try to go above and beyond for them. Then one day, you have an encounter with that patient, or there happens to be some sort of incident or accident. What happens next? Below is a high-level look at the way professional board matters work and how to seek to resolve them. 

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Posted on 02/06/2019 at 11:38 AM

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