Miffed employees retort with owner-aimed action

Las Vegas, Nev.-Plan on firing, demoting or holding out on staff raises? Then take time to protect your practice against employee legal claims, says Jay O'Brien, executive vice president of ABD Insurance, offering employment practice liability coverage for California DVMs.

Jay O'Brien

Hiring should always be done at the highest level. The right techniques coupled with a working knowledge of employment laws can shield a practice against costly civil litigation, he says.

"Poor hiring gets veterinarians in a lot of problems," claims O'Brien, lecturing to roughly 45 veterinarians Feb. 18 at the Western Veterinary Conference in Las Vegas. "Have a working knowledge of the laws protecting your staff before you make any moves (see Table 1)."

Defense tactics

There are plenty of defensive strategies veterinary employers can put in place, says O'Brien, whose company, headquartered in Redwood City, Calif., spent roughly $9 million last year settling employee claims.

Table 1

Start protecting the practice by reviewing the hospital's applications, he suggests, being sure to include written job descriptions defining the applicable position.

"The ones done by the pros are four to six pages long, but they get the job done," he says. "Make sure the questions comply with Americans with Disabilities Act standards."

It also helps to recommend viable candidates have a pre-employment physical at the practice's expense, having a doctor approve the candidate's physical condition for all that's included in the job description.

"Work related injuries often trigger lawsuits, and your insurance rates are tied to losses," O'Brien says. "We just paid $200,000 to a woman who was injured on the job but had five previous back surgeries. That's a pre-existing condition causing losses that might have been prevented if the practice owner had asked the right questions at the interview stage."

If an employee does become injured while working, keep the lines of communication open. In most cases, don't fight paying the medical and rehabilitation bills, O'Brien says. Instead, implement an early return to work program to improve morale, thereby reducing the likelihood of a claim.

Importance of handbooks

Hot topics for legal action are sexual harassment and discrimination. It's wise to adopt policies concerning these issues as well as a position to ensure the hospital deals fairly with immune compromised employees, or those with AIDS, O'Brien says.

Also be sure to draft policies for leaves of absence, vacation and holiday time, and obligations to pregnant employees with consideration of current federal law, he adds.

"Office policies must also provide for nondiscriminate staff reduction," O'Brien says. "Have your employee handbook reviewed by legal counsel; it's your bible. It puts your practice in the best position to avoid lawsuits."