Do You Know the Basic Laws Protecting Your Past Employees?

If you fired an employee recently, were generous with severance pay, handled the meeting politely, with a witness, are you fully free from harm from that person? If you don’t comply with the law, you aren’t.

If you receive a call from another physician checking references of a former employee applying for a position in his or her practice, what can you say? Be very careful not to tell anyone anything. Make sure your office manager knows these rules. As ridiculous as it seems, if an employee stole money from you and went to jail for it, you cannot tell a prospective employer about it.

Title XXII has been in force for a long time and is very specific about restrictions on disclosure. You can only verify dates of employment and salary. Verify, not tell. And that is all.

To be certain you are in compliance with this Federal Law, confer with an employment law attorney. Have him or her instruct your employees in the basic rules. And always consult with that attorney before you fire an employee, to prevent the possibility of a lawsuit.

Former employees can look for any way to reap more than a large final check and unemployment insurance. Physicians have deep pockets. Employment law attorneys represent employees, too.

Lesson: You understand informed consent as a physician. Be informed about your liabilities as an employer. Or you could find yourself in an expensive and indefensible position.