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 http://www.paworld.net/index.html for PA Scope of Practice)

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

What qualities and skills, of the PA, 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 PA leave? 

Are you planning any changes to the Practice? 

May I contact the former PA?   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 PA's practice seem more similar to: much like the MD with the PA establishing their own patient roster consulting their SP on cases as needed and executing their scope of practice responsibilities ORMore like the PA 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 PA 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 PA shadows?  Please give an example.

Supervising Physicians often have a preference for certain attitudes in a PA. Where on the continuum would the SP be most comfortable with a PA 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 PA is mostly in agreement or disagreement? Please give examples...

Who has the ultimate decision making authority on the nature and scope of the PA'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 PA, are most important for the Practice/Administration Supervisor(s) practice and relationships?

Which does the Practice/Administration Supervisor(s) ultimate vision of the PA's practice seem more similar to: much like the MD with the PA establishing their own patient roster consulting their SP on cases as needed and executing their scope of practice responsibilities ORmore like the PA 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 PA. Where on the continuum would the SP be most comfortable with a PA 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 Physician Assistants / Associates / Nurse Practitioners or other Mid-Level 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 PA'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 Physician Assistant.  (see PA profession)
______2. Staff understands the PA is medically qualified similar to a MD - NOT a medical assistant. 
______3. Staff know how to introduce a PA to patients (e.g. "Doctor Johnson would like you to see Physician Assistant - Kevin. PA Kevin will keep 
                Dr. Johnson informed about what is going on with you and if necessary, PA K will have Dr. Johnson come and see you.")
______4. Staff treat new PAs as they do new physicians.
______5. PAs are promptly given business cards they can hand out to patients in the hospital, office.
______6. PA's name was promptly placed on the office door and in the entranceway (where patients look for PA's name on the board to find out 
                where to go)
______7. PAs are given lab coats to wear that are consistent with the MD medical staff
______8. PAs have a medical assistant or nurse to work with presenting the PA more professionally and allowing the PA to be more productive, 
                thus providing more revenue for the practice.
______9. PAs are introduced to the hospital medical staff in the form of an announcement.
_____10. PAs are introduced to the community in the form of a open house,  newspaper add or article.
_____11. Patients are educated about having a PA by informing the patient ahead of time that if they are offered an appointment with a PA, 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. PAs 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 PA won't reach beyond their comfort zone.
_____13. The SPs initiate spending time teaching PAs, pulling them out for new and interesting radiographs, cases, etc. 
_____14. PAs 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 PA 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 PA's professionalism in resolving patients, staff, or hospital, issues.
_____16. PAs are encouraged and reimbursed to attend CME lectures and to go to a national, general medicine conference. The more PAs know, the 
                better off the practice is in the long run. 
_____17. There are weekly/frequent discussions about new journal articles. 
_____18. PAs are given the same allowances of time and expenses, as the Physicians are, to attend medical conferences.
_____19. The practice pays for the PA's license, CME, and memberships keeping them up to date on new medicine and laws.

CHARACTER and VALUE: Physician Assistants are by character compassionate advanced medical providers and team builders through individual professional excellence, within clearly defined scopes of practice, traditionally carried out by a physician, in collaboration and partnership with physicians, consultants, fellows / residents, nursing and other medical staff, achieving high quality outpatient and inpatient care, through problem solving, working independently and assuming responsibility for their patients. PAs are cost effective medical providers for insurance companies, businesses, and patients, contributing to a solid financial foundation of the whole health care system. 

MISSION and SERVICE: The Physician Assistant’s mission and service in all medical and surgical specialties are traditionally indistinguishable from such care delivered by physicians, while operating as full accountability colleagues through collaborative care agreements with doctors, hospitals, practices, and clinics. PAs are extended Hospital credentials and privileges as are doctors.

PHYSICIAN ASSISTANTs: Are rigorously medically trained similar to doctors in scope and practice, with varying degrees of autonomy, and are licensed medical professionals and advanced medical practitioners who establish and build a medical practice diagnosing and treating their own patient roster, serving in a variety of clinical settings, such as specialists in Cardiac care, Orthopaedics and Sports medicine, Pediatrics, Internal Medicine, Emergency Medicine, Occupational Health, Pulmonary Care, Neurology, Gastroentology, Neonatology, Family Medicine, Urology, Obstetrics and Gynecology, in primary care practices, geriatric long-term care facilities, hospitals, correctional institutions, Federal and community-based clinics.. In short, PAs are trained and certified to give complete and outstanding patient care much like a doctor as encouraged by their supervising physician. 

DEGREES OF AUTONOMY: Physician Assistants are generally excellent team builders respecting the limits of their consulting Physician's medical professional relationships and state laws. It's vitally important that the PA and MD are similar in their team approach! This successful continuum includes Physician Assistants practicing significant autonomy in their medical practice, exclusive of a physician's presence, while other PAs want a much closer professional relationship with their consulting MD who is more, often than not, physically present for practical direction and oversight. 

SCOPE OF PRACTICE includes:

1. Comprehensive physical assessment; evaluating, diagnosing, and treating new and existing patient's medical and surgical conditions. 
2. Initiating and interpreting labs and x-ray studies including CTs & MRIs.
3. Performing medical and surgical procedures.
4. Prescribing and referring patients for specialized consultation. 
5. Assisting Physicians in medical and surgical procedures.
6. Using prescriptive authority to write prescription medicines for patients. 
7. Write/Dictate progress notes on patients' charts indicating patient status and treatment procedures performed.
8. Conducting follow-up patient care.
9. Providing health education to patients and families. 
10. Supervising and/or coordinating the activities of patient care and support staff within the clinic. 
11. Training and supervising medical residents engaged in specific clinical activities. 
12. Teaching and training illness prevention.
13. Actively participate in community health education. 
14. Performing emergency life saving procedures in cases such as cardiac arrest, respiratory arrest, massive hemorrhage, or similar emergencies.
15. Are among front line medical providers in emergency disaster services.

 

• Excellent interpersonal and communication skills.
• Giving the patient quality compassionate and empathetic caring.
• Giving the patient more time through Active listening.
• Giving the patient more easily understood feedback and instructions,
• Promoting greater patient health and wellness.

resulting in patients often preferring medical treatment by physician assistants... 

"Consumers seek a broader array of health services than physicians have time, inclination, or expertise to address. Interdisciplinary care is a more efficient and effective strategy for providing care of high quality since all providers contribute what they do best." Linda H. Aiken, PhD, RN Jan. 14, 2002 http://www.medscape.com/viewarticle/447839

"For patients with chronic illness, treatment by a multidisciplinary team represents the state of the art, with nonphysicians providing most of the routine care and ancillary services while physicians manage more acute and complex problems." Benjamin G. Druss, MD, MPH Jan. 8, 2003 http://www.medscape.com/viewarticle/447608

1. Ability to perform medical examinations using standard medical procedures. 
2. Knowledge of drugs and their indications, contraindications, dosing, side effects, and proper administration. 
3. Knowledge of clinical operations and procedures. 
4. Knowledge of primary care principles and practices. 
5. Knowledge of patient care charts and patient histories. 
6. Knowledge of OR, pre-op and/or post-op procedures. 
7. Knowledge of CPR and emergency medical procedures. 
8. Knowledge of current and emerging trends in technologies, techniques, issues, and approaches in area of expertise. 
9. Ability to clearly communicate medical information to professional practitioners and/or the general public. 
10. Ability to maintain quality, safety, and/or infection control standards. 
11. Ability to observe, assess, and record symptoms, reactions, and progress. 
12. Ability to make administrative and procedural decisions.
13. Knowledge of related accreditation and certification requirements. 
14. Ability to react calmly and effectively in emergency situations. 
15. Ability to supervise and train staff, including organizing, prioritizing, and scheduling work assignments. 
16. Skill in preparing and maintaining patient records. 
17. Ability to educate patients and/or families as to the nature of disease and to provide instruction on proper care and treatment.

 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 Physician Assistants (“P.A.”), and Employee accepts employment by the Employer as a P.A. 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 AAPA 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 and approved by Employer American Association of Physician Assistants.

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 PHYSICIAN ASSISTANT acceptable to the parties.  If the Employer and the Employee cannot agree upon such impartial physician AND OR PHYSICIAN ASSISTANT, then each of the Employer and the Employee shall select aN ADDITIONAL IMPARTIAL PHYSICIAN AND IMPARTIAL PHYSICIAN ASSISTANT WHO WILL THEN SELECT A FIFTH PANEL MEMBER, EITHER AN IMPARTIAL PHYSICIAN OR AN IMPARTIAL PHYSICIAN ASSISTANT.  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