As the administrator of a dental practice, managing employees can be one of the most challenging aspects of your day-to-day job. A dental hygienist may be underperforming, showing up late, or engaging in other activities that are harming your dental practice. Understanding how to legally terminate underperforming dental hygienists can help you protect your practice from wrongful termination lawsuits.
Carefully Document the Termination of the Dental Hygienist
Keeping careful records and documentation can help you defend yourself if the dental hygienist you’ve terminated files a lawsuit against your practice. In most cases, by the time an administrator decides to terminate an employee, there has been more than one incidence of underperformance.
Documenting each instance can help prove that you terminated the dental hygienist for a lawful reason. Make a note of the date and time of each incident and provide a brief summary of what happened. You should also document the date, time, and topics you covered during the conversation in which you let the dental hygienist go.
Don’t Be Vague When Terminating the Dental Hygienist
During the conversation with the dental hygienist, you must clarify your intentions. You should clearly state that the dental hygienist’s job is being terminated and that they will need to pack up their belongings and leave the premises. At the same time, remember to be respectful and not so direct as to be offensive.
At this point in the process, the dental hygienist should understand why they’re being terminated, even if they disagree. There may have been a disciplinary meeting in which everything was spelled out after which the hygienist failed to make necessary changes. As tempting as it can be, don’t try to defend your decision or go into a lot of detail about past issues with the dental hygienist. It can be helpful to write a script of what you will say to the dental hygienist and stick to it. You shouldn’t apologize for terminating the dental hygienist position because you’re doing what’s best for the practice. It may seem like a kind gesture to say something like “I don’t want to do this,” but doing so could give the hygienist evidence to use against you in a wrongful termination claim.
They may use your statement as proof that they shouldn’t have been fired and are entitled to compensation. Be prepared for the employee to hurl insults or try to argue with you, but don’t engage with the arguments or admit to any wrongdoings. Instead, you should remain calm even if the employee doesn’t.
Stay Positive and Let Other Team Members Know What Has Happened
After you have informed the employee that their job has been terminated, you should give them their final paycheck. If it is impossible to do so that day, let them know when to expect it. Don’t delay providing them with their paycheck, or you could face a legal claim.
You should ask the employee for their office key and collect anything else they have in their possession that belongs to the dental practice. Try to stay positive, shake their hand, and offer well wishes, but keep it brief so they can leave the premises. Consider calling a team meeting to inform other staff members that the employee has been let go but don’t go into detail or answer questions about why.
Contact an Experienced Dental Practice Attorney
Letting dental hygienists go can be difficult, even if necessary and beneficial for your dental practice. If you have questions about human resources-related matters, don’t hesitate to contact Mahan Law to schedule a complimentary case evaluation.
