How to Handle an Employee's Exit: Pre- and Post-Departure-How to Handle an Employee’s Exit: Pre- and Post-Departure Considerations

Video Transcription

Video Summary

The webinar, presented by employment law attorneys Jonathan Cavalier and Jason Koehner, focused on best practices for handling employee departures in dental practices. It emphasized that employers should treat terminations and resignations as legal and operational risks, not just HR events. Key recommendations included documenting everything, keeping employment relationships at-will, issuing written offer letters and handbooks, and avoiding fixed-term promises or unsupported discipline.<br /><br />The speakers stressed that termination decisions should be based on legitimate, non-discriminatory reasons, consistent with prior documentation and company policy. Employers should review performance records, protected-class issues, retaliation risks, wage-and-hour concerns, and disability accommodation obligations before acting. They also advised limiting what is written in emails, using objective factual language, and documenting verbal warnings promptly.<br /><br />A major theme was protecting patient and business data during departures. Practices should revoke access to systems, recover phones/laptops/keys, preserve IT logs, and ensure HIPAA-compliant handling of records. The presentation also addressed client/patient communication, recommending clear, professional notices and transition plans to maintain continuity of care and avoid defamation or interference claims.<br /><br />The attorneys reviewed common legal claims triggered by exits, including wrongful discharge, emotional distress, defamation, tortious interference, and negligent hiring/retention. They also discussed non-compete and non-solicitation agreements, noting that enforceability varies by state and that restrictions should be narrow and reasonable. Finally, they highlighted the importance of treating departing employees with respect, as perceived unfairness or disrespect often drives litigation.

Keywords

employee departures

dental practices

employment law

termination decisions

resignation management

documentation

at-will employment

HIPAA compliance

non-compete agreements

wrongful discharge