Doing Things By The Book: Why Dental Practices Should Have an Employee Handbook

Jordan Uditsky • February 22, 2023

From direct patient care to back-office functions, the team of employees that a practice owner assembles is what keeps the doors open and the wheels from falling off. But like any team, the effectiveness of a practice’s staff depends on everybody being on the same page, pulling in the same direction, and having a clear understanding of their roles, responsibilities, and expectations. In sports, a playbook is what lays all of these things out. For employers, including dental practice owners, an employee handbook can be the foundation upon which they build and retain a top-notch workforce.

 

Nothing in the law requires an employer to assemble and distribute an employee handbook or office manual. But there are many reasons why practice owners should do so. They provide clarity, promote a spirit of teamwork and collaboration, and critically, help owners reduce the likelihood of employment law violations or misunderstandings that could lead to costly claims and lawsuits.

 

Here are five reasons you should consider putting together an employee handbook for your dental practice if you have not already done so.

 

1.  Satisfying Legal Obligations

 

As noted, no law mandates that a dental practice have an employee handbook. But plenty of federal and state laws require employers to provide notice to employees about their rights. From wage and hours laws to health and safety regulations to family leave policies to benefits and rights upon termination, employers expose themselves to liability if they fail to advise employees of their rights as required by law. An employee handbook, regularly reviewed and updated to account for changes in the law, can ensure that any information that must be conveyed to employees is, in fact, in their hands.

 

2.  Protection From Discrimination and Harassment Claims

 

While an employee handbook’s content regarding workplace discrimination and harassment may not prevent any or all such incidents, robust policies against such conduct and well-defined procedures for reporting, investigating, and disciplining those responsible can go a long way towards insulating an employer from potential liability. Your handbook should make it clear that harassment and discrimination will not be tolerated, that victims can come forward and report such misconduct without fear of retaliation or intimidation, and that those responsible are subject to termination.

 

But the best-intentioned policies or procedures are only of value if they are vigilantly and uniformly applied. Failure to follow your handbook’s provisions regarding harassment and discrimination can undermine what could have otherwise been a sound defense.

 

3.  Establishing Expectations

 

For a new employee, the onboarding process involves a lot of learning beyond figuring out how the coffee maker works or where the best spots are for picking up lunch. New employees want to know what is expected of them and what they can expect from their employer. They want to understand their benefits and compensation, time off and leave policies, rules and limitations as to their use of the office’s computer systems and internet, dress code, and everything else that applies to their duties and responsibilities. A well-crafted handbook will lay all of these things out, not only allowing the new hire to have a clear grasp of office policies and practices, but also sparing the employer from having to verbally explain all of these things every time someone new comes on board.

 

4.  Reducing Misunderstandings

 

There is a simple reason that written contracts are preferable over oral agreements. When something is spelled out on a page, it dramatically reduces the possibility of a dispute about what the parties actually promised or agreed to. The same principle applies to an employee handbook. It is much more difficult for an aggrieved employee to credibly say, “that was not my understanding,” when a policy is clearly set forth in a document they acknowledged they read and understood. A handbook can quickly and definitively shut down any claims based on supposed oral statements that contradict the terms therein.

 

5.  Conveying Your Practice’s Values and Culture

 

In addition to the nuts and bolts of an employee’s job responsibilities and the practice’s policies and procedures, an employee handbook can convey the owner’s practice philosophy, culture, and core values. These intangible aspects of a practice can create a shared sense of purpose among your employees and make them feel that they are part of something more than just the source of a paycheck.

 

Grogan Hesse & Uditsky: Lawyers For the Dental Profession

 

A comprehensive and well-written employee handbook can be as valuable to practice owners as it is to their employees. Every new hire should receive a handbook as part of the onboarding process, and every current employee should be given one any time a new handbook is created or updated. Importantly, each employee should sign their handbook, acknowledging that they have read and understand its terms.

 

At Grogan Hesse & Uditsky, we help prepare employee handbooks tailored to the needs of dental practices. We focus a substantial part of our practice on providing exceptional legal services for dentists and dental practices, as well as orthodontists, periodontists, endodontists, pediatric dentists, and oral surgeons. We bring unique insights and a deep commitment to protecting the interests of dental professionals and their practices and welcome the opportunity to work with you.

 

Please call us at (630) 833-5533 or contact us online to arrange for your free initial consultation.

 

Jordan Uditsky, an accomplished businessman and seasoned attorney, combines his experience as a legal counselor and successful entrepreneur to advise dentists and other business owners in the Chicago area. Jordan grew up in a dental family, with his father, grandfather, and sister each owning their own dental practices. This blend of legal, business, and personal experience provides Jordan with unique insight into his clients’ needs, concerns, and goals. 

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That's because these "testers" and the lawyers who represent them specifically target small businesses, as they typically have limited means to defend themselves, may not be able to discern between legitimate and bogus claims, and often see a quick payoff as the path of least resistance. Here’s how the shakedown typically goes down: A plaintiff or their attorney sends the practice a demand letter in which they claim that the practice’s website is inaccessible to people with disabilities (e.g., missing image alt text, inaccessible forms, incompatible with screen readers). They cite a violation of Title III of the ADA. They make a demand for a cash settlement, often ranging from $2,500 to $25,000, alongside a request for accessibility fixes. The business/practice cuts a check in exchange for a release of any ADA claims by that plaintiff related to the website. 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