Dental Tribune U.S. Edition

DENTAL TRIBUNE | July 2011 Practice Matters 9A AD About the author Stuart J. Oberman, Esq., has extensive experience in repre- senting dentists during dental partnership agreements, partner- ship buy-ins, dental MSOs, com- mercial leasing, entity forma- tion (professional corporations, limited liability companies), real estate transactions, employment law, dental board defense, estate planning, and other business transactions that a dentist will face during his or her career. For questions or comments regarding this article, visit www. gadentalattorney.com. opportunity employer. In addition, HIPAA privacy laws should be outlined in the employ- ee handbook to ensure that each employee is informed about the law and understands how the dental office intends to comply with the law. As noted above, it is important to preserve the “at will” employee rela- tionship. Some courts have found that statements made in employee handbooks create a contract that limits the “at will” relationship. For this reason, a disclaimer should be included in the handbook that clear- ly states that nothing in the employ- ee handbook shall be construed as a promise or a contract. At-will employment means that either party may terminate the rela- tionship with or without notice, for any reason or no reason. However, obvious reasons, such as age, race and gender, remain illegal grounds upon which to fire an employee. Including these provisions in an employee handbook provides the dental employer an extra level of protection in the event an employee commences a lawsuit for harass- ment, discrimination or wrongful termination. It is much simpler for the den- tist to prove that a policy was in place when he can produce a signed acknowledgment from the employ- ee. While dentists should be sure to avoid creating an implied employ- ment contract in drafting the employee handbook, without these written policies your daily conduct in managing the office will become “policy,” and will lead to more liabil- ity exposure when employees claim unfair or inconsistent treatment. By developing and enforcing a comprehensive employee hand- book, your employees will be more knowledgeable about applicable laws, know what to expect when commencing employment, and will be more likely to feel that they are treated fairly, which reduces the practice’s legal exposure, allowing you to do what you do best: practice dentistry. DT www.dental-tribune.com What’s your specialty? Whichever area of dentistry you practice in, you will find articles of interest at www. dental-tribune.com. Maxillofacial prosthesis: it can happen to anyone, by Drs. Dov M. Almog, Stephen F. Bergen & Giselle Yap www.dental-tribune.com/arti- cles/content/scope/specialities/ section/general_dentistry/ id/4338 The dental microscope for gen- eral dentistry by Dr. Craig S. Kohler www.dental-tribune.com/arti- cles/content/scope/specialities/ section/general_dentistry/ id/4626 Nanohybrid composite solutions that patients love by Dr. Bruce LeBlanc www.dental-tribune.com/arti- cles/content/scope/specialities/ section/general_dentistry/ id/4840 Successful single-visit molar endodontics by Dr. Garry Bey www.dental-tribune.com/arti- cles/content/scope/specialities/ section/endodontics/id/4274