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 Ethics and Management Dilemmas in Healthcare, 3^rd Ed.: Ch. 7 Workforce Reduction: Hillside County Medical Center

Part 1: Critical Analysis of the Law

1. Evaluate and discuss the requirements of one of the following laws and how it applies in terminating employees. What does a manager need to do or not do to comply with it?
2. • 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
3. Evaluate one of the following tools for compliance in hiring and indicate how it would help limit risk. 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.

1. 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?
2. What management compliance tools (one) and processes (one) could be incorporated in the organization to prevent the need for a RIF?
3. 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?