Q: I received multiple complaints over the past couple of months about the behavior of employee “A.” The main issue is she constantly talks about highly inappropriate things in front of others, specifically of a sexual nature. One technician resigned because what “A” said made her extremely uncomfortable, and this technician didn’t think our clinic did enough to create a safe, professional environment. Now, other staff are coming to me with similar concerns. Morale has lowered, and I overheard a few people talking about looking for other jobs.
I haven’t officially written up “A,” but I had a couple of conversations with her about being more professional at work. Unfortunately, it hasn’t made a difference. What do you think?
A: These situations are more common than many people believe, and I’m glad your team members feel comfortable telling you about their experiences. Your problem appears to warrant serious concern and probable action.
What you described could rise to the level of a hostile work environment, which, under employment law, exists when someone’s behavior makes it difficult or uncomfortable for others to perform their jobs, particularly when the conduct is sexual or discriminatory and severe or pervasive. Repeated, unsolicited sexual comments, especially when they lead to a resignation and staff complaints, fall within that legal definition.
You took the appropriate initial step by addressing the issue directly with the employee, which demonstrates a good-faith attempt at corrective action. However, when those interventions don’t lead to meaningful change and the behavior continues to impact team dynamics or cause staff turnover, the next appropriate step is typically formal disciplinary action up to and including termination.
If you or other practice leaders spoke with “A” about her behavior and outlined the expectations and consequences, you may be within your rights to fire her without an additional written warning. While this step is legally permissible, you face greater risk as an employer if prior warnings are not well-documented. You can reduce the risk by preparing a summary memo outlining what management said, when it was said and who was present. The documentation is vital if the employee later disputes how your clinic handled the issue.
Even in employment-at-will states, where firing for any lawful reason is permitted, employees can and do file claims of wrongful termination, often to challenge the situation or delay its resolution.
Employment practices liability insurance is especially valuable in these cases because it protects your business against claims of wrongful termination, harassment, discrimination and retaliation. If “A” challenges her termination, your EPL policy might help cover the legal defense costs and any associated settlements. Check with your insurance broker or agent about your current coverage.
That said, your strongest protection is thorough, timely documentation. If you haven’t already, I recommend the following steps:
- Document all complaints received, including the dates, individuals involved and specific details.
- Summarize any verbal or written discussions you had with “A” about her behavior.
- Identify how her conduct violates company policies or workplace expectations.
- Describe how her behavior impacted the team, such as resignations, ongoing disruptions and reduced morale.
Here’s what your documentation might look like.
Corrective Action Memo
Description of concern: This memo documents ongoing concerns related to unprofessional and inappropriate conduct in the workplace. Multiple staff members have reported that [Employee Name] has repeatedly engaged in conversations of a sexual nature while on duty and in shared workspaces, including the treatment area, break room and front desk. These comments have been unsolicited, graphic and disruptive to other employees.
On [Date], [Name] was observed discussing explicit personal matters in the break room in front of multiple co-workers, some of whom later reported feeling visibly uncomfortable. On [Date], another staff member reported similar conduct at the front desk in the presence of clients and clinical team members. These incidents are not isolated and have created an ongoing pattern of behavior.
One staff member, [Name], resigned on [Date], citing the behavior of [Name] as a contributing factor. [Name] stated in her exit interview that the work environment felt inappropriate and uncomfortable and that previous attempts to raise the issue had not led to meaningful change.
Previous action taken: On [Date], [Name] was counseled verbally regarding the importance of maintaining professionalism and appropriate workplace communication. She was instructed to refrain from discussing personal or sexual topics while at work and was reminded of the company’s standards regarding respectful conduct. Despite this, the behavior has continued.
Expectations and Required Improvements
Effective immediately, [Name] is expected to:
- Cease all inappropriate and unprofessional conversations while at work, particularly any that are sexual or explicit in nature.
- Demonstrate professional conduct in all communications, regardless of setting or audience.
- Respect the comfort and boundaries of co-workers and maintain a workplace that is inclusive, safe and free from offensive language or behavior.
Failure to make immediate and sustained improvement will result in further disciplinary action, up to and including termination of employment.
Employee acknowledgment: I received this memo, and its contents have been reviewed with me. I understand the expectations moving forward and the potential consequences if the behavior described above continues.
Employee signature: ______________
Date: ____________
Q: An associate veterinarian — I’ll call him Dr. Jameson — has been with our hospital for over five years. Since the start, he has never been scheduled to work on Mondays, an arrangement made initially to accommodate his recurring medical appointments related to a well-documented disability. The schedule worked for both parties, and his performance consistently met expectations. Recently, due to staffing changes and increased client demand, our hospital leadership began reevaluating the coverage schedule and requested that all DVMs, including Dr. Jameson, rotate on Mondays to ensure adequate coverage. When informed of this change, Dr. Jameson became visibly upset and stated that he cannot work on Mondays due to ongoing medical treatment. He expressed that our request feels unfair, especially after five years of consistent schedule support. Can we force him to change his schedule without damaging the relationship or violating his rights?
A: Asking Dr. Jameson to start working on Mondays after five years of honoring that schedule comes with some risk, both legally and relationally. The exemption was made to support a documented medical condition, and your practice has respected it without issue. Changing it now, especially without following the proper steps, could potentially violate the Americans with Disabilities Act or similar state laws.
The ADA requires reasonable accommodations for employees with disabilities unless doing so would create a significant hardship for the business. In your case, the fact that
Dr. Jameson hasn’t worked on Mondays for years and his schedule didn’t cause a disruption makes it harder for you to argue that the arrangement is unreasonable now. The consistency of the accommodation strengthens his position.
However, things change. If your hospital is facing real challenges, such as a staffing shortage, increased patient volume or other operational needs, a reassessment is understandable. But before anything changes, the law requires you to converse with Dr. Jameson. Sit down with him and have a genuine conversation about where things stand, what he needs and what might be possible. If the original agreement was informal or you haven’t revisited it in a while, now is the time to ask for updated medical documentation so you fully understand your options.
Unless you can clearly show that continuing to exclude him from the Monday schedule would impair hospital operations, forcing the change could be risky. And beyond the legal side, there’s the trust. Dr. Jameson has been a steady and committed team member who has managed his condition openly and responsibly. Making a sudden change without involving him in the conversation could harm the relationship, not just with him but also with co-workers who are aware of the situation.
Focusing on compliance and coverage needs is easy, but you shouldn’t lose sight of the human element. Dr. Jameson has earned the trust of your team and clients. Your practice has supported him, and he’s shown up for you in return. Pulling that support without a meaningful conversation could feel personal — and understandably so. Even if you need to revisit his schedule, how you go about it matters just as much as the decision itself.
Here’s a simple way to start the conversation:
“Dr. Jameson, I want to start by thanking you for all the years you’ve been with us. Your consistency and commitment have never gone unnoticed. As you know, we’re trying to rebalance our coverage due to recent staff changes, and we’re looking at Mondays as a key need. I also know you’ve been off on Mondays for medical reasons, and we’ve respected that for several years. Before we make any decisions, I’d like to sit down with you and revisit the accommodation, see where things stand, what’s still needed, and what might be possible for both you and the hospital. If the accommodation is still medically necessary, we may request updated documentation. This is really about working together to find a solution that feels fair and workable for everyone.”
The bottom line is you might be allowed to revisit Dr. Jameson’s schedule, but doing so should involve a careful, collaborative approach. The accommodation has been in place for a long time. Changing it without thoughtful dialogue could create legal risks for your practice and harm a valued relationship. Taking the time to handle the situation correctly will protect your practice and show your team that you value people as much as policy. That goes a long way in building lasting trust.
EARNING A LIVING
According to the AVMA’s latest Economic State of the Veterinary Profession report, the average full-time veterinarian worked 48.7 hours a week in 2023.