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Group 3/Termination In the Law of Health Care Administration, 9 th Ed. read, Ch.. 8 Medical Staff Privileges and Peer Review The Tracks We Leave
Group 3/Termination
- In the Law of Health Care Administration, 9th Ed. read,
- Ch.. 8 Medical Staff Privileges and Peer Review
- The Tracks We Leave Ethics and Management Dilemmas in Healthcare, 3rd Ed.: Ch. 7 Workforce Reduction: Hillside County Medical Center
Part 1: Critical Analysis of the Law
- Evaluate and discuss the requirements of one of the following laws. Give the code citation. How does it apply to employee termination? What does a manager need to do or not do to comply with it?
- Age Discrimination in Employment Act (ADEA) and Older Worker Benefit Protection Act (OWBPA)
- Health Care Quality Improvement Act ( HCQIA) and medical staff termination requirements
- Union contracts or provider contracts with "just cause termination" provisions vs employment at will
- Bostock vs. Clayton Supreme Court Case and Title VII rights
- Evaluate one of the following tools for compliance in termination. How would it limit legal risk related to termination? Discuss the pros and cons of it.
- Employee termination checklist
- Employee termination policies and procedures
- Evaluation of whether there is an employment contract with a termination clause or whether this is an employment-at-will employee.
- OWBPA Waiver and severance in exchange for the right to sue
Part 2: Strategic Compliance with the Law
Evaluate the scenario in Ch. 7 Workforce Reduction: Hillside County Medical Center.
- What are the legal risks? What are risks specific to employee termination in a reduction in force (RIF)? How will the union contract impact a RIF? How will the WARN law impact a RIF of over 100 employees?
- What management compliance tools (one) and processes (one) could be incorporated in the organization to prevent the need for a RIF?
- Assume there is a RIF that involves employees with a union contract with seniority provisions. What employee termination tools (one) and processes (one) would you incorporate to minimize the likelihood of a wrongful termination lawsuit in this scenario? Be specific!
Please be specific!
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