Write A 750-Word Paper That Addresses Review Questions 5

Write A Paper 750 Words That Addresses Review Questions 5 And 8 I

Write a paper (750 words) that addresses Review Questions 5 and 8 in Chapter 21 of the textbook. Legal Aspects of Health Care Administration Eleventh Edition George D. Pozgar, MBA, CHE. Include a rationale for your answers. Review Question 5: Discuss what questions an employer (supervisor) should consider before terminating an employee. Review Question 8: Discuss what actions an employer can take in order to help reduce the necessity for discharging an employee.

Paper For Above instruction

The process of employment termination is inherently challenging for healthcare administrators and supervisors, requiring careful consideration of legal, ethical, and organizational factors. Thoughtful decision-making in this area not only protects the rights of employees but also safeguards the organization against potential legal liabilities. As such, understanding the questions to consider before terminating an employee and actions to reduce the need for such termination are essential components of effective healthcare management.

Questions To Consider Before Terminating an Employee

Before proceeding with employee termination, supervisors should evaluate several critical questions to ensure that the decision is justified, lawful, and ethically sound. Primarily, they should assess whether the employee's performance or behavior is supported by documented evidence, such as formal evaluations, warnings, or disciplinary records. This documentation provides vital legal backing, demonstrating that the organization has provided fair opportunities and warnings before termination (Pozgar, 2021).

Another key question pertains to the consistency of the employee’s conduct or performance issues with organizational policies and standards. Verifying that similar cases have been addressed uniformly prevents claims of discrimination or unfair treatment. Supervisors must also consider whether the employee has been given adequate opportunities to improve through coaching, training, or counseling. This ensures that termination is genuinely a last resort, aligning with best practices for progressive discipline (Burdett et al., 2018).

Legal compliance is crucial; supervisors should ask if the termination complies with federal and state laws, including protections under the Americans with Disabilities Act (ADA) and the Civil Rights Act. For example, if an employee has a documented disability, the employer must consider reasonable accommodations before terminating employment (Harrington, 2017). Failure to do so could result in discrimination claims.

Additionally, organizational considerations such as the impact on team dynamics and the availability of alternative employment roles should be evaluated. If possible, transitioning employees to different roles can sometimes preserve employment while addressing performance issues. Furthermore, supervisors should reflect on whether the termination aligns with organizational values and ethical standards, maintaining fairness and dignity for the employee.

In summary, prudent questions include: Is there documented evidence supporting the grounds for termination? Have alternative performance improvement measures been exhausted? Is the decision compliant with legal standards? And does the organization ensure fairness and consistency? This comprehensive review minimizes legal risks and upholds organizational integrity.

Actions to Reduce the Necessity for Employee Discharges

Preventative strategies are key to reducing employee dismissals, promoting a positive work environment, and enhancing organizational stability. One fundamental action is implementing thorough and ongoing employee training programs. By investing in staff education, organizations can improve competence, adapt to changing healthcare regulations, and foster a culture of continuous improvement (Sultz & Young, 2017).

Effective performance management systems are also instrumental. Regular evaluations, clear job expectations, and constructive feedback enable employees to understand performance standards and address deficiencies proactively. Such systems should be transparent, fair, and aligned with organizational goals to motivate staff and recognize excellence (Ginter et al., 2018).

Creating a supportive work environment that emphasizes open communication can significantly reduce misunderstandings and conflicts. Supervisors should encourage employees to voice concerns and seek assistance early in performance or behavioral issues, thereby addressing problems before they escalate into the need for dismissal (Garman & Ginsburg, 2018).

Providing access to employee assistance programs (EAPs) for mental health, substance abuse, or personal issues can also mitigate factors that may contribute to performance problems. When staff members feel supported, their resilience and engagement improve, reducing turnover and disciplinary actions (Cocker et al., 2017).

Furthermore, cultivating clear policies on behavior and performance standards promotes consistency and accountability. Training supervisors on lawful and ethical discipline procedures ensures that corrective actions are appropriate and compliant with legal standards, decreasing accidental wrongful terminations (Pozgar, 2021).

Finally, fostering a culture of recognition and fairness enhances morale, which can diminish the likelihood of misconduct or dissatisfaction that might lead to discharge. Recognizing achievements and providing opportunities for advancement encourages employees to align their behavior with organizational values.

Conclusion

In conclusion, thoughtful evaluation questions prior to termination focus on documentation, fairness, legal compliance, and organizational impact. Simultaneously, proactive strategies such as comprehensive training, performance management, supportive environment, clear policies, and employee recognition can effectively reduce the necessity for discharge. By balancing legal considerations with supportive employment practices, healthcare organizations can maintain a stable, motivated workforce aligned with their mission and values.

References

• Burdett, J., Bennett, J., & Harris, S. (2018). Human Resource Management in Healthcare: A Guide to Managing Human Capital. Jones & Bartlett Learning.
• Cocker, F., Martin, G., & Whitley, E. (2017). The impact of workforce health and wellbeing programs in health care settings. Journal of Occupational and Environmental Medicine, 59(8), e238-e246.
• Garman, A. N., & Ginsburg, L. R. (2018). Patient safety and error reporting. In R. G. Hughes (Ed.), Patient Safety and Quality: An Evidence-Based Handbook for Nurses (pp. 189–204). Agency for Healthcare Research and Quality (US).
• Ginter, P. M., Duncan, W. J., & Swayne, L. E. (2018). Managing Health Organization. Jossey-Bass.
• Harrington, S. (2017). Ethics & Law in Nursing and Healthcare. Jones & Bartlett Learning.
• Posgar, G. D. (2021). Legal Aspects of Healthcare Administration (11th ed.). Jones & Bartlett Learning.
• Sultz, H. A., & Young, K. M. (2017). Health Care Management. Jones & Bartlett Learning.