Outpatient Surgery Magazine

The Affordable Care Act - March 2015 - Subscribe to Outpatient Surgery Magazine

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

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2 2 O U T P AT I E N T S U R G E R Y M A G A Z I N E O N L I N E | M A R C H 2 0 1 5 situations to see how other employees who had engaged in similar misconduct or showed similarly poor performance were handled. • Fair warning. Although private employees have no due process rights in the traditional sense, they should be treated fairly. Explore the circumstances surrounding any performance issues in order to ascertain whether mitigating circumstances may warrant a lesser form of discipline. You're not legally required to give employees an opportunity to tell their version of events before you reach a final dis- ciplinary decision, but jurors like to see that you gave employees fair warning that they were at risk of being terminated. • Don't hesitate to act. The courts respect the rights of employers, especially those in the healthcare field, to conduct their business when there's no evidence of a discriminatory motive. An employee who seems to invite discipline by responding to supervisory instruc- tions with disrespect and hostility, failing to work cooperatively with others or whose attendance is lackluster should never be tolerated, as her impact on the rest of the staff — and, consequently, the facility's operations — can be highly detrimental. For this reason, employers should not be hesitant to discipline employees who fail to live up to their responsibilities. Always proceed with caution when your actions may trigger legal aftereffects, but you must also methodically consider whether the cost of that potential litigation would outweigh the damage that a difficult employee might inflict upon your facility. It is without question a diffi- cult balancing act, but the salient principle remains: A surgical facility should err on the side of ensuring that the delivery of quality patient care is its first priority. • Don't allow disrespect. Treat employees, even difficult ones, with dignity at all times. Ensure that the workplace is devoid of any acts of S U R G E O N S ' L O U N G E

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