HR/Recruiter's Name

Practice Contact Name 

Focus of Practice, i.e. Peds, family, ortho, ED...

When are they wanting to schedule a phone/in person interview?

Who will be conducting the interview?

What is the Interviewer's Department and Title?

Name of Clinic, Hospital, Practice 

Supervising Physician's Name

Job Description and Responsibilities: (see NP Scope of Practice)

Supervising Physician's Interests-What about the SP's practice excites them the most?

What qualities and skills, of the NP, are most important for the Medical Supervisor(s) practice and relationships?

Is this a NEW position or a Replacement? 

If NEW what are the unique goals and requirements? 

If a Replacement-If I may ask, why did the other NP  leave? 

Are you planning any changes to the Practice? 

May I contact the former NP ?   Yes       No

Name 

Salary Range (repeat question)

Do you use a Contract: Yes or No  if yes-may I please have a copy to review at this time? 

Do you have an Employee/Policy Manual?  If yes, may I have a copy to review at this time?

Summary of any Production Formula and Pay (repeat question)

Summary of On Call Schedule and Pay (repeat question)

Area of Specialty and Practice Description (repeat question for comparison with ADM., HR, SP, Practice Manager)

Who will be my Medical Supervisor(s)? 

Please give an example of their team/individual management approach.

How autonomously does the Medical Supervisor(s) like to supervise?

Which does the Medical Supervisor(s) ultimate vision of the NP's practice seem more similar to: much like the MD with the NP establishing their own patient roster consulting their SP on cases as needed and executing their scope of practice responsibilities ORMore like the NP is a support staff mainly pulling charts, rooming patients, making patient calls, handling insurance issues, for the MD's patient roster? Please give examples...

When a NP demonstrates competency in a medical skill or clinical task, does the Medical Supervisor(s) give increasing autonomy or does the Medical Supervisor(s) continue to do the procedure themselves while the NP shadows?  Please give an example.

Supervising Physicians often have a preference for certain attitudes in a NP. Where on the continuum would the SP be most comfortable with a NP attitudes?

Supervising Physicians often have a DOMINANT management approach toward colleagues and staff. Please rank the three more dominant management styles using #1 for most dominate, #2 for next most used style and #3 for the third most dominant style.
 

Would you say the Medical Supervisor(s) and the Practice/Administration Supervisor(s) vision for the NP is mostly in agreement or disagreement? Please give examples...

Who has the ultimate decision making authority on the nature and scope of the NP's practice?

Is one of the Medical Supervisor's strengths Teaching? What other Strengths do they have? What limitations do they have? Please give examples?

Who will be my Practice/Administration Supervisor(s)? How autonomously do they like to supervise?

What is the highest level of medical training and medical experience of  The Practice/Administration Supervisor(s)?

Please give an example of their team/individual management approach.

What Strengths do they have? What limitations do they have? Please give me examples?

What qualities and skills, of the NP, are most important for the Practice/Administration Supervisor(s) practice and relationships?

Which does the Practice/Administration Supervisor(s) ultimate vision of the NP's practice seem more similar to: much like the MD with the NP establishing their own patient roster consulting their SP on cases as needed and executing their scope of practice responsibilities ORmore like the NP is a support staff mainly pulling charts, rooming patients, making patient calls, handling insurance issues, for the MD's patient roster?  Please give examples...

Practice/Administration Supervisor(s) often have a preference for certain attitudes in a NP. Where on the continuum would the SP be most comfortable with a NP attitudes?

Practice/Administration Supervisor(s) often have a DOMINATE management approach toward colleagues and staff. Please rank the three more dominate management styles using #1 for most dominate, #2 for next most used style and #3 for the third most dominate style.
 

What strengths make this a good place to work?

What limitations concern you, and how are they addressing them?

Salary Range

Summary of Production Formula and Pay

Summary of On Call Schedule and Pay

Required Travel Details

Summary of Review Periods and Process

Summary of Pension & Retirement Program and Employer Contribution

Summary of Liability Insurance and Legal

Summary of Health, Dental, Disability & Life Insurance

Summary of Signing Bonus

Number of Holidays

Number of Days for Professional Development

AMOUNT OF REIMBURSEMENT FOR:
Interview Expenses:Travel, Lodging, and Meals, misc.

CME Continuing Medical Education

Other:
Number of current Nurse Practitioners / Associates / Nurse Practitioners or other Advanced Medical Providers
 

Name 

Name 

What strengths make you a good employer?

What limitations as an employer concern you, and how are you addressing them?

Please describe your dispute, grievance process...Please give a recent example how it worked? (repeat question)

What is your termination policy? (repeat question)

Do you use/require Alternative Dispute Resolution?  If yes, please give a recent example how it worked. (repeat question) Please give me a copy to review.

Is There any thing else we should cover?

  [Note: The time and money spent establishing the NP's professionalism will result in an easier transition and more productive team.  Encourage, encourage, encourage and talk, talk, talk.  I learned that after spending seven years in my Internal Medicine practice I had spent more time with my supervising physician than his wife had.  It is a lot like a marriage.  If you don't continue to have an open, honest communication, it will breakdown.  If you put the time and effort into building the relationship, it will blossum!]

    therefore please use true and false in assessing the following key areas...

True or False:

______1. Staff is educated on the professional training and role of the Nurse Practitioner
______2. Staff understands the NP is medically qualified similar to a MD - NOT a medical assistant. 
______3. Staff know how to introduce a NP to patients (e.g. "Doctor Johnson would like you to see Nurse Practitioner- Kevin. NP Kevin will keep 
                Dr. Johnson informed about what is going on with you and if necessary, NP K will have Dr. Johnson come and see you.")
______4. Staff treat new NPs as they do new physicians.
______5. NPs are promptly given business cards they can hand out to patients in the hospital, office.
______6. NP's name was promptly placed on the office door and in the entranceway (where patients look for NP's name on the board to find out 
                where to go)
______7. NPs are given lab coats to wear that are consistent with the MD medical staff
______8. NPs have a medical assistant or nurse to work with presenting the NP more professionally and allowing the NP to be more productive, 
                thus providing more revenue for the practice.
______9. NPs are introduced to the hospital medical staff in the form of an announcement.
_____10. NPs are introduced to the community in the form of a open house,  newspaper add or article.
_____11. Patients are educated about having a NP by informing the patient ahead of time that if they are offered an appointment with a NP, please 
                know that Dr. Abc hires the best of the best.  Kevin is completely qualified to handle your care and consults with Dr. Abc as needed.
_____12. NPs know that it's preferred, to have them pull their SP out of a room when they have a question about a patients care. 
                The more available the SP is the more likely the NP won't reach beyond their comfort zone.
_____13. The SPs initiate spending time teaching NPs, pulling them out for new and interesting radiographs, cases, etc. 
_____14. NPs are encouraged that if there is ANY problem with patients, staff, hospital, etc that they need to let their SP know rather then let it blow 
                up or turn into a big mess.  There isn't any point in hiring a new NP and then having them leave over a misunderstanding with your staff, 
                patient, etc. Especially difficult to hire and train a new one versus paying a little more each year in bonus, raise, etc.
_____15. SPs demonstrate effective leadership in asserting NP's professionalism in resolving patients, staff, or hospital, issues.
_____16. NPs are encouraged and reimbursed to attend CME lectures and to go to a national, general medicine conference. The more NPs know, the 
                better off the practice is in the long run. 
_____17. There are weekly/frequent discussions about new journal articles. 
_____18. NPs are given the same allowances of time and expenses, as the Physicians are, to attend medical conferences.
_____19. The practice pays for the NP's license, CME, and memberships keeping them up to date on new medicine and laws.

Nurse practitioners are primary care providers who practice in ambulatory, acute and long term care settings. According to their practice specialty these providers provide nursing and medical services to individuals, families and groups. In addition to diagnosing and managing acute episodic and chronic illnesses, nurse practitioners emphasize health promotion and disease prevention. Services include, but are not limited to ordering, conducting, supervising, and interpreting diagnostic and laboratory tests, and prescription of pharmacologic agents and non pharmacologic therapies. Teaching and counseling individuals, families and groups are a major part of nurse practitioner practice.
Nurse practitioners practice autonomously and in collaboration with health care professionals and other individuals to diagnose, treat and manage the patient's health problems. They serve as health care researchers, interdisciplinary consultants and patient advocates.

EDUCATION

Entry level preparation for nurse practitioner practice is a master's degree. Didactic and clinical courses prepare nurses with specialized knowledge and clinical competency to practice in primary care, acute care and long term care. Self-directed continued learning and professional development beyond the formal advanced education is essential to maintain clinical competency. 

ACCOUNTABILITY

The autonomous nature of the nurse practitioner's advanced clinical practice requires accountability for health care outcomes. Ensuring the highest quality of care requires certification, periodic peer review, clinical outcome evaluations, a code for ethical practice, evidence of continuing professional development and maintenance of clinical skills. Nurse practitioners are committed to seeking and sharing knowledge that promotes quality health care and improves clinical outcomes. This is accomplished by leading and participating in both professional and lay health care forums, conducting research and applying findings to clinical practice. 

RESPONSIBILITY

The role of the nurse practitioner continues to evolve in response to changing societal and health care needs. As leaders in primary and acute health care, nurse practitioners combine the roles of provider, mentor, educator, researcher and administrator. Members of the profession are responsible for advancing the role of the nurse practitioner and ensuring that the standards of the profession are maintained. This is accomplished through involvement in professional organizations and participation in health policy activities at the local, state, national and international levels. 

STANDARDS OF PRACTICE

I. Qualifications
Nurse practitioners are primary care providers who practice in ambulatory, acute and long term care. They are registered nurses with specialized advanced education and clinical competency to provide health and medical care for diverse populations in a variety of primary care, acute and long term care settings. A Master's degree is required for entry level practice.
 

II. Process of Care
The nurse practitioner utilizes the scientific process and national standards of care as a framework for managing patient care. This process includes:
 

A. Assessment of health status The nurse practitioner assesses health status by:
- obtaining a relevant health and medical history
- performing a physical examination based on age and history
- performing or ordering preventive and diagnostic procedures based on the patient's age and history
- identifying health and medical risk factors.
 

B. Diagnosis
The nurse practitioner makes a diagnosis by:
- utilizing critical thinking in the diagnostic process
- synthesizing and analyzing the collected data
- formulating a differential diagnosis based on the history, physical examination and diagnostic test results
- establishing priorities to meet the health and medical needs of the individual, family or community.
 

C. Development of a treatment plan
The nurse practitioner, together with the patient and family, establishes an evidence based, mutually acceptable, cost-awareness plan of care that maximizes health potential. Formulation of the treatment plan includes:
- ordering additional diagnostic tests
- prescribing/ordering appropriate pharmacologic and non-pharmacologic interventions
- developing a patient education plan
- appropriate consultation/referral. 

D. Implementation of the plan Interventions are based upon established priorities. Actions by the nurse practitioners are:
- individualized
- consistent with the appropriate plan of care
- based on scientific principles, theoretical knowledge and clinical expertise
- consistent with teaching and learning opportunities. 

Actions include:
- accurately conducting, supervising and interpreting diagnostic tests
- prescribing/ordering pharmacologic agents and non-pharmacologic therapies
- providing relevant patient education
- making appropriate referrals to other health professionals and community agencies.

E. Follow-up and evaluation of the patient status
The nurse practitioner maintains a process for systematic follow-up by:
- determining the effectiveness of the treatment plan with documentation of patient care outcomes
- reassessing and modifying the plan with the patient and family as necessary to achieve health and medical goals.

III. Care Priorities
The nurse practitioner's practice model emphasizes:

A. Patient and family education
The nurse practitioner provides health education and utilizes community resource opportunities for the individual and/or family.

B. Facilitation of patient participation in self care
The nurse practitioner facilitates patient participation in health and medical care by providing information needed to make decisions and choices about:
- promotion, maintenance and restoration of health
- consultation with other appropriate health care personnel
- appropriate utilization of health care resources.

C. Promotion of optimal health

D. Provider of continually competent care

E. Facilitation of entry into the health care system

F. The promotion of a safe environment

IV. Interdisciplinary/Collaborative Responsibilities
The nurse practitioner participates as a team member in the provision of health and medical care, interacting with professional colleagues to provide comprehensive care.

V. Accurate Documentation of Patient Status and Care The nurse practitioner maintains accurate, legible and confidential records.

VI. Responsibility as Patient Advocate Ethical and legal standards provide the basis of patient advocacy. As an advocate, the
nurse practitioner participates in health policy activities at the local, state, national and international levels.

VII. Quality Assurance and Continued Competence
Nurse practitioners recognize the importance of continued learning through:
- participation in quality assurance review, including systematic review of records and treatment plans on a periodic basis.
- maintenance of current knowledge by attending continuing education programs
- maintenance of certification in compliance with current state law
- applying standardized care guidelines in clinical practice.

VIII. Adjunct Roles of Nurse Practitioner
Nurse practitioners combine the roles of provider, mentor, educator, researcher, manager and consultant. The nurse practitioner interprets the role of the nurse practitioner to individuals, families and other professionals.

IX. Research as Basis for Practice
Nurse practitioners support research by developing clinical research questions, conducting or participating in studies and disseminating and incorporating findings  into practice.

 This Agreement is made this 1st day__________________, between "XYZ"., (hereinafter referred to as “Employer”) and "ABC", (hereinafter referred to as “Employee”).
 1. Employment.  Employer employs Employee and Employee accepts employment upon the following terms and conditions.  Employee pledges faithful adherence to all professional ethics and customs and to carefully avoid all acts which might injure in any way the professional reputation of the Employer, and its other employees.

 2. Duties.  Employer provides professional services in hospital emergency facilities by duly licensed Physicians and Nurse Practitioner (“NP”), and Employee accepts employment by the Employer as a NP to assist in fulfilling its corporate purpose.  To this end, Employee will devote Employee’s full-time skill, labor, attention and best efforts, on an exclusive basis, to perform such duties as the Board of Directors and President of the Employer may from time to time determine to be in the best interests of the Employer.  Employee further agrees, at all times during the existence of this Agreement, to be duly licensed in the State of "123" as a P.A. and maintain “BCLS/ACLS” certification, and such other certifications as may be mutually agreed upon, failing which this employment and all rights and obligations shall immediately terminate.  Employer, through its Board of Directors and President, may assign particular tasks to Employee and also relieve Employee from responsibility for handling any particular task the Employer feels would be better served by another employee of the Employer.  It is expressly understood that the Board of Directors of the Employer has the authority to determine which matters will be accepted for service by Employer and which employees of Employer shall perform medical services in any particular case.  Employee agrees to perform the required and assigned duties in accordance with the rules and regulations promulgated by the Board of Directors and by "unNamed" Hospital Association.  Employee will also keep and maintain such records as are required by the Board of Directors and to make such reports as are provided or required by Employer and the "unNamed" Hospital Association.  Employee will also observe the records retention policy of the Board of Directors.  Employer’s Board of Directors will handle all billings for the Employer in accordance with the fee schedule to be established by the Board of Directors.

It is further agreed as follows:
A. It shall be the obligation of the Employee, and Employee’s responsibility to:
(1)   Report directly to the attending MD/DO for patient review and to obtain any required authorized signature on a Patient’s chart.
(2)   Perform Patient history, regardless of complaint, recording pertinent patient symptoms and chief complaints.
(3)   Perform Patient examination, including abnormal and/or normal systems  evaluation, regardless of complaint.
(4)   Give concise written instructions and/or verbal orders to RN/LPN/Paramedic/Technicians.
(5)   Make appropriate instructions for Patient disposition, as they relate to continuing care.
(6)   Dictate every chart of patients seen, by end of each shift.
(7)   Maintain complete professionalism verbally and physically, at all times.
(8)   Write prescriptions strictly in accordance with state laws (no controlled substances).
(9)   Arrange for coverage if unable to work regularly scheduled shift.
(10)   Maintain C.M.E. credits as per guidelines.
(11)   Attend and participate in resident conferences.
(12)   All physical assault patients shall be reviewed by attending physician.

B.   The following Procedures/Protocol shall not be undertaken by the Employee:
(1) “CSC” patients
(2)   Primary complaint of child abuse
(3)   Primary complaint of Psychiatric committal
(4)   Primary complaint “DOA”
(5)   Any complaint that either the Employer or the Employee (with Employer’s consent) does not feel reasonably comfortable with handling

 C. Hours Worked Per Month:
(1) Employee shall be required to work full time for Employer for the twelve (12) consecutive month period beginning _________________.  “Full     time” is defined as one hundred fifty (150) hours per month of clinical service, or more, which the Employee must work in each succeeding twelve (12) month period.
(2) Employee shall be required to spend three (3) hours per week on hospital or Employer-related meetings without additional compensation.
(3)  Employee may be required to work nighttime shifts.

 3. Term.  The employment of Employee shall commence _________________, and shall continue through __________________, unless sooner terminated by death or as hereinafter provided.  It shall continue from year to year thereafter until terminated in the manner described below in this Section 3, in the manner specified in Section 9 below, or elsewhere in this Agreement.  Employer reserves the right to terminate the employment of Employee for any malfeasance or misfeasance in the performance of Employee’s duties.  Employer or Employee may terminate this Agreement at any time without cause upon not less than thirty (30) days written notice.  In such event, Employee shall continue to render services and shall be paid regular compensation until the date of termination.  It is further agreed that this Agreement shall automatically terminate whenever the Employee becomes legally disqualified to render professional services within this State, loses applicable certification, or is elected to a public office or accepts other employment that, pursuant to existing laws, places restrictions or limitations upon the continued rendering of such professional services.

4. Compensation.  Employer shall pay to the Employee for full-time services an annual base salary of $52,000.00, payable in regular periodic salary amounts determined by Employer’s Board of Directors.  Employee will also be paid overtime compensation at one and one-half (1-1/2) times Employee’s regular hourly rate, for any clinical hours worked in excess of one-hundred and sixty hours per month.  The overtime rate is $43.33 per hour.  In addition, Employee will be paid overtime compensation at one and one-half (1-1/2) times Employee’s regular hourly rate for clinical hours worked on the following four holidays:  New Year’s Day, July Fourth, Thanksgiving Day and Christmas Day.  Vacation or sick time cannot be counted as hours worked when calculating overtime.  Employee may be required to work nighttime shifts.

Summary of Liability Insurance and Legal
Summary of Production Formula and Pay
Summary of Review Periods and Process
Summary of On Call Schedule and Pay
Summary of Health, Dental, Disability & Life Insurance
Professional Journals, etc.
Professional Dues
Licensure / Certification / Credentialing Fees
Relocation and Settlement
Summary of Pension & Retirement Program and Employer Contribution
Technology (PDA, pager, cell phone, computer, internet)

5. Continuing Medical Education Leave and Expense Reimbursement.  Employee will be granted up to one week annually with full pay for continuing medical education (CME).  Said CME leave will not carry over from year to year and cannot be used as additional vacation time.
 Employer will reimburse Employee up to $2,000.00 annually for reasonable CME expenses incurred by Employee.

6. Professional Liability Insurance.  Employer shall provide professional liability insurance coverage with limits, coverage’s and with such company (ies) as determined in the sole discretion of the Board of Directors.

7. Working Facilities.  Employer will furnish Employee with medical supplies and such facilities and services as are suitable to the position and adequate to the performance of the assigned duties.  Employee may be reimbursed for such expenses as in the judgment of the Board of Directors have been incurred in the furtherance of the interest of the Employer.

8.  Fringe Benefits.  Employer will provide hospitalization insurance which will cover Employee and dependents, said insurance to include whatever coverage and terms are afforded to similarly grouped employees of Employer, from time to time.  Employer will also include Employee in any tax-qualified pension or profit sharing plans which the Employer sponsors for other employees of Employer.  In addition, Employer will pay for professional licensing fees with the State of Michigan.

9. Disability/Disability Insurance.  Employer will provide SHORT TERM AND LONG TERM disability income insurance, said insurance to include whatever coverage and terms are offered to similarly grouped employees of Employer, from time to time.

10. Sick Leave. The Employee shall be entitled to two (2) weeks of sick time on an annual basis WITH FULL PAY.  This sick leave shall be available to Employee in addition to any Total Disability Benefit Employee may be entitled to pursuant to Section 9 hereof.  Unused sick leave may not be accumulated from year to year.  Personal emergency will be decided by the physicians.

11. Vacation.  Employee shall be entitled to three (3) weeks of vacation with full pay (105 hours) during each year.  The scheduling of such vacations shall be subject to approval by the Employer’s President or Board of Directors and does not carry over from year to year.

12. Prohibition Against Assignment.  Employee AND EMPLOYER personally agrees and on behalf of Employee’s AND EMPLOYER'S personal representatives, fiduciaries, heirs, legatees, distributees, and any other person or persons claiming any benefit under Employee by virtue of this Agreement, that this Agreement and the rights, interests and benefits hereunder shall not be assigned, transferred, pledged or hypothecated in any way by any person and shall not be subject to execution, attachment or similar process.  Any attempt to assign, transfer, pledge, or hypothecate or to otherwise dispose of this Agreement or of the rights, interests and benefits thereof contrary to the foregoing provisions, or the levy of any attachment or similar process thereupon shall be null and void and without effect, and shall relieve the Employer AND EMPLOYEE of any and all liability hereunder.

13. BINDING Arbitration.  Any controversy or claim arising out of or relating to this Agreement, or to a breach thereof, shall be settled by an  ARBITRATION PANEL COMPOSED OF TWO arbitrators who shall be an impartial physician AND ONE IMPARTIAL NURSE PRACTITIONER acceptable to the parties.  If the Employer and the Employee cannot agree upon such impartial physician AND OR NURSE PRACTITIONER, then each of the Employer and the Employee shall select an ADDITIONAL IMPARTIAL PHYSICIAN AND IMPARTIAL NURSE PRACTITIONER WHO WILL THEN SELECT A FIFTH PANEL MEMBER, EITHER AN IMPARTIAL PHYSICIAN OR AN IMPARTIAL NURSE PRACTITIONER.  The decision of two of the three physicians THREE OR MORE OF THE ARBITRATION PANEL on the matter in question shall be determinative of the question.  Any such arbitrating physicians MEMBERS shall act in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered may be entered in any Court having jurisdiction thereof.

14. Notices.  Any and all notices required or permitted to be given under this Agreement will be sufficient if furnished in writing, sent by registered or certified mail to his last known address in the case of the Employee or to its principal office in the case of the Employer.

15. Construction and Severability.  The law of the State of Michigan shall govern this Agreement and each numbered paragraph shall be severable, so that the invalidity of any paragraph shall not invalidate the other provisions of this Agreement.  This Agreement revokes and replaces all agreements previously entered into by the parties hereto, whether oral or written, regarding the Employee’s employment with the Employer.

 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be 

duly executed on the day and year first written above.
 
 

    XYZ
 

    By: ____________________________________________
 

    EMPLOYEE
 

    ________________________________________________

In many states, unless an employee is hired for a specific amount of time, the employee is an "at-will" employee, and can be fired for any reason or no reason at all - but not for a bad reason, like discrimination. He also cannot be fired in a way that causes personal injury, or without good cause if he is under a contract. In essence, then, wrongful discharge cases restrict an employer's right to terminate an at-will employee. 

A number of courts recognize a wrongful discharge claim for termination in violation of a well-established public policy, including discriminatory discharge and retaliatory discharge. Discriminatory discharge claims are on the rise; in fact, they almost exclusively account for the 40% rise in wrongful discharge claims since 1992. Other examples of public policy retaliatory discharge lawsuits involve employees claiming they were terminated for "whistle-blowing," filing workers' comp claims, cooperating in a governmental investigation involving the employer or fulfilling a legal duty such as serving on a jury or testifying under subpoena as a witness. 

The most common form of wrongful termination lawsuits alleges that an employer breached a contract, whether formal or informal, not to terminate employment except for "good cause." If an employer expressly or implicitly agrees, orally or in writing, to hire an employee for a specific period, to discharge only for just cause, or to abide by progressive disciplinary procedures, that agreement may be determined by a court to constitute an enforceable employment contract. Courts have permitted individual employees to sue for breach of contract simply on the basis of informal promises made orally by managers or other individuals in positions of authority. Even when no promises were made, some courts have determined that there was an implied contract because of: 

language in employee handbooks that state employees will be provided an initial probationary period;
language in disciplinary policies that states employees will be discharged only for particular offenses;
language in progressive disciplinary policies that states employees will receive chances to improve their performance;
language in handbooks or records that states fairness or special consideration will be given to employees because of longevity or seniority;
an employee's work history that reflects merit raises;
good performance evaluations, praise and promotions

the employer's practice of discharging employees only for good cause.
Finally, wrongful termination claims may arise when the employee alleges that the discharge was carried out in an intentionally degrading or humiliating manner, the employer falsely accuses the employee of misconduct (or makes false or damaging statements to coworkers), and other various injurious behavior. 

Thus, an employee who wishes to sue for wrongful termination must show either, 
1) that his employment contract, either expressly or implicitly, included a promise that he would not be fired without cause (contract cases); or,
2) that his employer fired him for a reason that violates a fundamental policy expressed in either state statutes or constitution (public policy cases), including laws against unlawful discrimination (discrimination cases), or 
3) that the employer committed a tort, like defamation, invasion of privacy, or intentional infliction of emotional distress (independent tort cases). 

Clues to avoiding wrongful termination start with a look at what causes it. The common themes in the above are treating employees fairly, consistently, humanely, and honestly. 

Nobody Likes Rejection But Some Kinds Are Worse Than Others
Think back over romantic breakups that have been especially hard to get over. Odds are, the breakup met at least one of these criteria:
1) The rejection came as a complete surprise;
2) The person had been threatening to end the relationship for months (with no follow-through) and finally did;
3) You got mixed signals from this person and then were abruptly dumped;
4) The person made disparaging remarks about your character, etc.

The same is true for involuntary terminations. No employee should be surprised by a termination because s/he should have received verbal and written warnings with a clearly documented performance improvement plan, including a deadline. No employee with a pattern of good performance appraisals should suddenly be fired (unless it is for a serious conduct offense). And, termination meetings should focus on the specific reasons for termination and should never veer off into name-calling or disparaging character remarks. 

A firing or a resignation on poor terms can have adverse psychological effects on the individual concerned (embarrassment, shame and anger) and the remaining staff (rumors, resentment and fear). The former can be reduced by politeness and consideration, treatment consistent with that given to other fired employees, and, if possible, generous severance arrangements. The same can also reduce legal claims, especially if accompanied by fair and consistent performance management policies and procedures. 

Parting Ways on Good Terms
Avoiding wrongful discharge claims starts in the hiring process. Supervisors and managers must know how to offer a job without implying an employment contract. Employment handbooks and job applications must contain an "at-will" statement. Then, it's a matter of managing performance by: 

1) Providing specific written notice of all problems with job performance, and give the employee a fixed period of time to correct the problems. 
2) Keeping careful records of each employee's job performance. 
3) Keeping specific, detailed, files on employee performance and reviews. For instance, don't note: "Frequently leaves early," or "Work has numerous errors." Record the dates the employee left early (and how early) or describe examples of error-filled work. 
4) Include in the file written summaries of any warnings given to employees about their performance problems. Use a documented system of progressive discipline, escalating from oral warnings to written warnings to suspension to termination
5) Mete out discipline evenly. Don't overlook problems in one employee for which you discipline another. 
6) Have an employment policy book setting out examples of offenses that will lead to termination. 
7) Never make the decision to fire somebody out on impulse. If an employee's behavior pushes a manager to the boiling point, give the employee the rest of the day off and ask the manager to go back in his/her office and cool off. If the employee's behavior is seriously inappropriate, put him or her on immediate leave pending an investigation. 
8) Run terminations past a lawyer so s/he can examine the worker's history and membership in any potentially protected group as well as the company's past practices and adequacy of documentation. 

Lessons From the Firing Line
Why do you think our food and beverage sales rep was fired? Poor performance? Disability discrimination? Probably neither. I think our sales rep was fired because of the longstanding personality clash he had with his supervisor, with the last straw being the employee's decision to go above his supervisor's head. However, the way the manager handled his employee — making inappropriate remarks, firing the employee abruptly and with no verbal or written warnings, not disciplining other employees for failure to meet their quota — virtually begged for a wrongful termination claim. Nine times out of ten, it's not what happened to an employee that leads to a lawsuit; it's how it happened. Employees who are ambushed or humiliated during their termination are likely to focus on the process of how they were let go rather than the events that led up to it. Jurors may, too. 

The bad news is that wrongful termination awards have risen dramatically over the past ten years. The good news is that many of the steps that help companies avoid wrongful termination also help companies hire and retain the best workers. Attorneys can do their corporate clients a big favor by encouraging them to consider the interpersonal issues during termination - like communicating with sensitivity, giving the employee a chance to save face, and avoiding an "I've kept quiet long enough and now you're fired" approach. And that's a win-win for everyone. 

Dr. Joni Johnston is President and CEO of UnbeatableLawyers, a training and consulting firm that helps attorneys evaluate workplace behavior problems, gain an edge with juries in employment litigation, and promote effective law firm management. She can be reached at jonij@workrelationships.com
Copyright 2004 Joni Johnston 
source:http://www.lexisone.com/balancing/articles/sroct2004.html