Employee Interviewing Dos and Don’ts

There are numerous state and federal anti-discrimination laws designed to assure that employers hire based upon skill, rather than stereotypes. Below is a list of questions that employers should avoid when conducting a new employee interview:
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Preventing Embezzlement

There are many opportunities for employee embezzlement to occur in a business or practice. There are, however, certain steps you can take to help prevent employee embezzlement. You must be diligent.

  • Make smart hiring decisions
  • Screen all potential employees
  • Conduct background checks on all employees
  • Educate yourself on how employees embezzle
  • Protect your signature and identity
  • Learn how to use your computer system
  • Check your day sheets, audit changes, preview daily reports and question all adjustments
  • Make sure to verify all credit card charges
  • Be visible, vary your schedule, practice what you preach

A business or practice owner must take the necessary steps to prevent embezzlement. Review your policies and procedures, and begin implementing the specific preventative safeguards.

SIGNED INFORMED CONSENT FORMS: A MUST

Informed consent is critical to clear and comprehensive patient communication. Patients should be well informed on the results of examinations, problems or potential problems.

State laws guide the implementation of formal, written informed consent. All procedures should be performed only with full written and signed informed consent. Informed consent is required so that the patient is told of the type of procedure planned, its intended outcome and benefits, and potential complications.

If a procedure or treatment is refused, the patient should be required to sign a treatment refusal form. This form may protect you if a claim arises.

Must Have Items for Every Chiropractic Practice

In the last few months, we have received substantially similar questions regarding “MUST HAVE” practice items in order to avoid the violation of state or federal law.

In addition, we have addressed many of the same questions regarding employee non-disclosure agreements, protection of patient lists, and how to protect the actual name of a practice.

As a result, below is a checklist of items that EVERY PRACTICE MUST be aware of, have, and implement in order to limit its liability exposure.

Items to Review and Prepare
1. Your employee manual
2. Your new employee package (see below list)
3. A general review of your OSHA standards [new manual with 2015 updates]
4. Non-disclosure and non-solicitation signed by every employee [and a non-compete signed by key employees]
5. Website disclaimers/privacy terms
6. Intellectual Property (IP) protection (protect your name, logos, slogans) [trademark/service marks filed with the U.S. Patent and Trademark Office]
7. Assignment of website design as to IP [from your web designer to you].

NEW EMPLOYEE CHECKLIST

❒ Application for Employment

❒ Substance Abuse Policy and Procedure Manual

❒ Notification and Authorization Form for Employment
Investigative/Consumer/Credit Report

❒ Criminal History Record Information Consent Form

❒ Background Check Authorization and Release Form

❒ Employee Direct Deposit Authorization Form

❒ Employment Reference Check

❒ Employment Eligibility Verification Form I-9

❒ IRS Employee’s Withholding Allowance Certificate Form W-4

❒ Withholding Allowance Form

❒ IRS Wage and Tax Statement Form W-2
If you have any questions regarding the items listed above, or the actual preparation of the items listed above, please feel free to call us.

 

 

 

Stuart J. Oberman, Esq. handles a wide range of legal issues for the chiropractic profession, including: employment law, cyber security breaches, practice sales, real estate transactions, lease agreements, OSHA compliance, chiropractic board complaints, and professional corporations.

For questions or comments regarding this article please call (770) 554-1400 or visit www.obermanlaw.com
If you would like Stuart J. Oberman, Esq. to speak at an event, please contact Katharine Drum, Marketing Coordinator (kath@obermanlaw.com).

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