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Legal Considerations in Hiring and Firing of Nonphysician Staff

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The Business Basics of Building and Managing a Healthcare Practice

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Abstract

Hiring the right employee that meets the requirements in the job descriptions is vital to the success of the practice. It is important to find the best employee available among the applicants for job openings in the practice. There will certainly be occasions where an employee must be terminated. This also requires tact, knowledge of the labor laws, and sensitivity to avoid further bruising egos and hurt feelings.

This chapter will discuss the hiring process that has worked in the healthcare sector as well as other industries and professions and also provide a guideline for the termination of an errant employee without running afoul of labor laws.

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Notes

  1. 1.

    Many states, including Louisiana, have adopted legislation protecting an employer from civil liability in providing accurate information about a current or former employee’s job performance or reason for separation. The statute also protects employers who rely on such information in hiring from civil liability. See La. R.S. 23:291.

  2. 2.

    Martha – Title VII violation – making accommodation for Walter, but not for Martha

    Horace – Title VII and Section 1981 violation – different treatment based on race

    William – USERRA

    Willie – Title VII – sex

    Jerry – National Labor Relations Act – protected activity

    Abdul – Title VII – religion

Suggested Reading

  1. Falcone P. The hiring and firing question and answer book. New York: American Management Association. AMACOM; 2002.

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Author information

Authors and Affiliations

  1. Fisher & Phillips LLP, New Orleans, LA, USA

    Walter Christy

Authors
  1. Walter Christy
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Correspondence to Walter Christy .

Editor information

Editors and Affiliations

  1. Tulane University School of Medicine, New Orleans, LA, USA

    Neil Baum

  2. Tulane University School of Medicine, New Orleans, LA, USA

    Marc J. Kahn

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Christy, W. (2020). Legal Considerations in Hiring and Firing of Nonphysician Staff. In: Baum, N., Kahn, M. (eds) The Business Basics of Building and Managing a Healthcare Practice. Springer, Cham. https://doi.org/10.1007/978-3-030-27776-5_15

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  • DOI: https://doi.org/10.1007/978-3-030-27776-5_15

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  • Publisher Name: Springer, Cham

  • Print ISBN: 978-3-030-27775-8

  • Online ISBN: 978-3-030-27776-5

  • eBook Packages: MedicineMedicine (R0)

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