The veterinary workplace dynamic — close-knit teams working under pressure to provide the best patient care — can lead to complex legal challenges. Let’s address three pressing employment issues: workplace relationships, surveillance policies and layoffs. We’ll offer sensible advice to help practice owners and managers comply with employment laws and foster a positive, professional work environment.
Workplace Relationships
“The practice owner is dating a veterinary assistant. What should I do as the practice manager?”
While romantic relationships are inevitable in any workplace, the primary concern is the potential for perceived or actual harassment or hostile work environment claims. A relationship involving a power imbalance, such as between a practice owner and a veterinary assistant, might harm team morale and create resentment among other staff members who perceive favoritism. Additionally, a relationship that ends poorly can lead to workplace tension, affecting productivity and professionalism.
Here is how to mitigate the risk:
- Establish clear policies: The employee handbook should include a policy on workplace relationships. It should require employees to disclose relationships involving power dynamics, such as between supervisors and subordinates. It also should clarify that you won’t tolerate discrimination and retaliation. Third, it should identify procedures for addressing complaints arising from such relationships.
- Consider consensual-relationship agreements: These signed documents state that the relationship is voluntary and consensual. While they cannot eliminate all risks, they provide evidence of mutual consent and outline workplace expectations, such as avoiding favoritism and maintaining professionalism.
- Use nondisclosure agreements: While an NDA can safeguard business information, don’t use it as a substitute for addressing the risks of harassment or a hostile work environment.
- Consult a lawyer: Legal counsel can draft or review workplace policies and agreements to ensure compliance with state and federal employment laws. If the relationship ends poorly, you need a plan to address claims or workplace disruptions through proper legal channels.
Surveillance Policies
“How do I ensure proper notice to employees and clients about video and audio monitoring?”
Surveillance is increasingly common in veterinary practices to enhance security, protect assets and improve efficiency. However, improper implementation can lead to legal challenges.
Federal and state laws govern workplace surveillance, with audio recording often subject to stricter consent requirements than video recording. In many states, failure to comply with consent laws during audio recording can lead to significant penalties. Additionally, employees might claim an invasion of privacy if proper notice and policies are not in place.
Here are a few best practices:
- Post signage: Display notices at entry points and throughout your practice to inform clients and employees of video and audio monitoring. The signs should be easily visible, specific and unambiguous about the surveillance areas.
- Notify employees: Include a contract clause stating that, by accepting employment, the individual consents to video and audio recording in designated areas. Also, obtain written acknowledgment that employees understand and agree to the surveillance policy.
- Notify clients: Display notices in waiting and treatment areas. Include a clause on patient intake forms or service agreements to notify clients of the surveillance policy and specifying its purpose.
- Consult a lawyer: Some states require the consent of all parties involved, while others demand it from only one party. A lawyer can help ensure your policy complies with applicable laws.
Layoffs
“What are the rules regarding layoffs, and how do I handle them correctly?”
Layoffs are a challenging but sometimes necessary labor decision for veterinary practices, whether due to economic downturns or operational restructuring. Properly managing layoffs is critical to avoid legal pitfalls and maintain workplace morale.
Here are key legal considerations:
- Layoffs vs. discharges: Layoffs generally involve someone’s separation from employment due to economic conditions or a shortage of work, while discharges typically are terminations for cause. Employers must communicate the nature of the separation to avoid misunderstandings and legal disputes.
- Legal obligations: Federal and state laws, such as the Worker Adjustment and Retraining Notification Act, might require advance notice of layoffs depending on the size of a practice and the number of affected employees. Ensure you understand whether the laws apply to you. Also, federal and state anti-discrimination laws prohibit using layoffs as a pretext for targeting specific groups. Employers must have legitimate, non-discriminatory and non-retaliatory business reasons for the layoffs.
Here is how to conduct layoffs properly:
- Document the business reasons: Maintain precise records of why you want to lay off employees, such as financial losses or reduced patient volume.
- Maintain fairness: Use measurable and objective criteria to select employees for layoffs, such as seniority, performance evaluations or departmental needs. Avoiding subjective criteria can reduce the risk of claims of discrimination, bias or unfair treatment.
- Give proper notice: Determine whether federal or state laws require advance notice of layoffs. Even if it’s not needed, advance notice might help maintain goodwill and minimize disruption to the remaining workforce.
- Consider severance payments: While severance pay is not always required, offering it can reduce the risk of legal disputes and foster goodwill. Signed agreements should include a waiver of claims.
- Address the possibility of rehiring: Communicate whether you will consider laid-off employees for rehire and outline the conditions under which they could return.
Conducting layoffs with care, transparency and attention to legal requirements can protect your practice from legal challenges. A lawyer can help you:
- Select employees subject to the layoff.
- Draft layoff notices, severance agreements and related communications.
- Ensure compliance with anti-discrimination laws and WARN Act requirements.
- Address legal risks or disputes that might arise during or after the layoff process.
By staying informed and proactive, veterinary practices can create a positive and legally compliant work environment.
DEPARTURE DOLLARS
According to the U.S. Department of Labor, “Employers are not required by federal law to give former employees their final paycheck immediately. Some states, however, may require immediate payment.”