Your hardest task.(GUEST EDITORIAL)

Firing an employee is arguably the most difficult task most employers face, and it is particularly tough on physicians. We hate doing it so much that many of us prefer to tolerate poor and marginal employees rather than replace them with good ones.

That exacts a heavy toll on the efficiency of many practices. And the longer you procrastinate, the tougher it becomes as the mediocre employee forms relationships with other employees, and with you. So it is important to recognize poor or marginal performance early on, and, if it cannot be improved, to replace that employee with one who can perform up to your expectations.

Make sure your reasons for termination are legal. Federal law prohibits most employers from firing an employee because of race, gender, national origin, disability, religion, or age (if the person is older than age 40). It also prohibits firing someone because that person is pregnant or has recently given birth, or because of any related medical conditions. It's also illegal to fire employees for asserting their rights under state and federal antidiscrimination laws, for refusing to take a lie detector test, or for complaining about possible OSHA violations or other illegal conduct such as failure to pay minimum wage.

And you obviously can't terminate someone for refusing to commit an illegal act (such as falsifying insurance claims), or for exercising a legal right (such as voting, public demonstration, or other political activity).

You cannot fire an employee for alcohol abuse unless he or she is caught drinking on the job. But many forms of illegal drug use are considered legitimate cause for termination.

Other laws may apply, depending on your state. To find out more about your applicable state laws, contact your state labor department, fair employment office, or consult with your lawyer.

Next, make sure you have all the documentation you need. When you give verbal warnings, be sure to document them. In today's litigious society. without proper documentation you may very well find yourself in a wrongful termination lawsuit, with the former employee claiming he or she was fired ...