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

Why It's Important to Have a Business Plan Before Opening a Dental Office

By Ali Oromchian Esq

Opening a new dental office is a dream come true for 80 percent of dentists in America. For many dentists, excitement about opening a new practice begins to build long before they complete their degree and training. But if you are like many new dentists, you might be unsure about the steps you need to take to obtain funding and achieve a successful opening. Fortunately, a business plan can help you achieve both of these goals. Below is a look at the important role a business plan plays when opening your dental office and the key elements that you should include in your business plan.

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Posted on 05/08/2019 at 10:11 AM

Dental Law: What to Look for in Dental Associate Contracts as an Associate Dentist

By Ali Oromchian Esq

If you are an associate seeking a position, knowing what to look for and what to include in an associate contract is critical in protecting your best interests. Several key components that an associate contract should include are the salary and benefits package, the terms of employment, and what happens in the case of a separation. Similar to our previous blog on what to look for in associate contracts as a practice owner, we discuss several key items that you should include or keep an eye out for when negotiating associate contracts.

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Posted on 05/01/2019 at 01:43 PM

Dental Law: What to Look for in Dental Associate Contracts as a Practice Owner

By Ali Oromchian Esq

If you are the owner of a dental practice, knowing what to look for and what to include in an associate contract is critical in protecting your best interests. Several main components that an associate contract should include are the salary and benefits package, the terms of employment, and what happens in the case of a separation. Below are several key items that you should include or keep an eye out for when negotiating associate contracts.

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Posted on 04/24/2019 at 12:11 PM

Calculating Travel Pay for Your Non-Exempt Employees

By Ali Oromchian Esq

Most employers know that they must pay their employees for hours worked, and that those hours must be paid as overtime for non-exempt employees if those “hours worked” exceed 40 per week. But calculating what, exactly, counts as “hours worked” for traveling employees can be a difficult task. Here are some tips on calculating travel pay for your non-exempt employees:

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Posted on 04/17/2019 at 10:01 AM

How Being Flexible Can Get Your Practice Into Trouble

By Ali Oromchian Esq

One of your employees comes to you in the morning and says that she would like to leave early in order to attend her child's sporting event. She does not wish to use any of her leave time, and so asks whether it would be permissible for her to skip lunch and simply leave early instead. Seems simple enough, right? You consider yourself a good employer, and always want to be flexible when it comes to your employees' requests. You take no issue with this request and tell the employee that she may leave early as long as she works through lunch. But is your flexibility actually putting your practice at risk?

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Posted on 04/10/2019 at 11:30 AM

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