Although employment practices liability claims such as wrongful discharge, sexual harassment, and wrongful discrimination are not new, the number of these claims have increased substantially in recent years. In fact, charges made against private-sector employers with the Equal Employment Opportunity Commission rose by 41 percent from 1990 through 1995. Reasons for this increase include greater public awareness, highly publicized cases in the news media, and changes in federal legislation. Employment practices liability claims are not restricted to large corporations, and any clinic or hospital with one or more employees can be subject to an EPL claim. However, a comprehensive employee-relations program will help protect you and your assets.
Good communication Develop a human resources manual, keeping it updated.
Make sure your employees are familiar with the practices, policies, and procedures, and have them sign off to indicate they have read and understood them. Keep careful personnel records Thorough records of patient care can be beneficial in the defense of professional liability claims. By the same token, detailed personnel records can help prove you have acted responsibly and in good faith. Personnel files should document all instances of improper conduct, including when the incidents occurred and the action taken. Copies of written warnings or reprimands, signed by the supervisor and the employee, should also be included.