Need some Professional/Legal advise!

[NSXLuvr]

Hey guys,

I need to some help. I am a physician and own a practice with another physician. I found out today that our practice manager had an affair with one of our office employees. This happenned around March/April of this year. At that time there were some rumors about it in the office but it was blown off by both of them. Apparently his wife found out 6 weeks ago. Since then my manager has been more short tempered with office employees. He has "grabbed an employee by her neck" and "yelled at her"(these are her exact words - but She states that She had witnesses). His wife has ask him to fire the female employee that he had the affair with. Obviously - Firing her would put up in a legal bind too.

Obviously both situations(affair and being physical with another employee) are not acceptable professionally. I'm afraid my only option from a legal standpoint is to fire him. However I am trying to think of any other options I need to consider or think about before I move forward.

Any info/advise would be appreciated.

Before somebody asks - Sorry no pics of the girl!

Thanks.

 

[Cairo94507]

Doc... consult a labor relations/employment law attorney. Just my 2 cents.

 

[docjohn]

All of our LLC's joint ventures ect have strict rules regarding employee conduct,and compliance codes.Your office manager is more culpible because he is supposed to uphold standards of profesionalism and is supposed to set the examples for all under him(in this case literaly) He would be very done in my shop,and the other party would be invited to leave as well,but not without determining if he usurped his authority in seducing her.Either way you have learned a valuable lesson.

 

[exNSXer]

In my personal opinion, the best solution would be to speak with an attorney in your state specializing in employment law and explain your current situation. Obviously, the point is to minimize or eliminate any possible present or future liability caused from the incident(s), which the attorney would be able to assist you with, but more importantly, once a decision has been regarding the appropriate response from your practice, whether it may be reprimanding, suspending, or terminating the employee, the attorney can further advise you of ways to execute that decision without exposing your practice to unnecessary liability or at the minimum, reducing it.

Although the costs for retaining an attorney in this situation may seem expensive or seemingly unnecessary, the costs associated with claims for wrongful termination, sexual harassment and/or discrimination (among other claims) can be significantly greater.

Best of luck in resolving your situation.

 

[eddiensx]

If you are concerned, it would be best for you to fire the manager. If you don't you could be accused of "permitting a violent workplace".

You really have no choice but to fire him, because he assaulted a member of your staff.

Then, watch the other party, have a work evaluation done, and proceed to raise the bar ever higher.

I'm not an Attorney, but I have been in meetings where these type of things are discussed.

Then all members of management should have an employment contract drawn up with a "morals clause" and inforce it. You may also want to purchase "Directors or Managers Insurance". These policies pay in case an event like this happens.

 

[exNSXer]

If you are concerned, it would be best for you to fire the manager. If you don't you could be accused of "permitting a violent workplace".

I completely disagree. Termination is an option, but it may or may not be the best solution based on your individual situation. As I stated earlier, speak with an attorney dealing specifically in employment law. Taking advice on a public board from random people, who may or may not be qualified, could cost you a fortune.

 

[JonBoy]

I'm with everyone that said to contact a lawyer that specializes in this.

That said, to further the discussion, the "assault" on another employee is a "zero tolerance" incident and it allows you to ignore the affair altogether and focus on a problem that is provable, professionally inappropriate in every sense, and defensible. Heck, it's a crime!

To more directly address the situation, Texas is an "at will" state for employment so you can literally fire someone without cause or reason, or for any reason as long as said reason is not illegal.

http://research.lawyers.com/Texas/Employment-Law-in-Texas.html (see the "At Will" section under "Employment").

Firing someone for conduct you deem unprofessional, unsafe, or threatening is almost certainly defensible. I would focus on the "assault" part and ignore the relationship angle, especially if you don't have an office directive or employment handbook stating it is against the rules to have an inter-office relationship. Talk to witnesses, find out what really happened (talk to each witness with your partner or someone else in the room to document their statement) and go from there.

Good luck! Let us know how it turns out.

 

[queenlives]

Doc... consult a labor relations/employment law attorney. Just my 2 cents.

+1

i'd be all over this with my employment atty like white on rice.

good luck.

 

[NSXLuvr]

Thanks for your help guys!

I had a employment attorney review our contracts and terminated him. We are in the process of a forensic audit. It appears that he embezzeled some money too. We are looking into any legal options available.

 

[JonBoy]

Thanks for your help guys!

I had a employment attorney review our contracts and terminated him. We are in the process of a forensic audit. It appears that he embezzeled some money too. We are looking into any legal options available.

Presiding Judge Colt and a jury of six? :wink:

Glad you got to a decision and sorry to hear there's other crap involved.