Should you invest in employee training and career development while we are still waiting for the economy to turn around? Despite economic uncertainty, business savvy Practice Owners know that learning matters and is the key to survival, recovery and future growth. What are the factors that influence a Practice’s need for providing training/career development?
- Work environment and workflow changes.
- The need for different types of jobs.
- Advancements in technology.
- Limited opportunity for advancement without certain skills.
- Organizational philosophy and culture.
Aligning training and career development plans with the strategic goals of the organization is a win-win for all concerned. A career development path provides employees with an ongoing mechanism to enhance their skills and knowledge, which leads to mastering their jobs and enhancing professional development. Creating a career development path increases employee engagement (a critical driver of business success) and has a direct impact on the entire Practice by improving morale, job/career satisfaction, motivation, retention, productivity, and responsiveness in meeting the Practice’s short term, as well as, long term business objectives. All of these factors have a positive impact on the Practice’s bottom line.
Do you know what really motivates today’s employees? The top three internal motivators that provide deep personal satisfaction are as follows:
- Autonomy – the amount of control and discretion in how the work is performed (focus is on the outcomes/results, not the process; decision making)
- Mastery – to become more efficient and effective at performing a task (the opportunity to learn; teach and educate)
- Purpose – the desire to support something larger than ourselves (achieving personal goals, your ‘passion’ in life)
How would you rate job satisfaction at your Practice? Do your employees experience enjoyment as a result of performing the work itself? Would the following top drivers for job satisfaction be available within your organization?
- Opportunities to apply one’s talents?
- Opportunities to succeed?
- Opportunities to learn?
An additional benefit of investing in training and career development reinforces to your employees that the Practice is concerned with their well-being by providing an avenue to reach individual, personal career goals while growing the Practice.
You may have been thinking about this value proposition of investing in training/career development for your employees and your Practice and wondering what major elements need to be addressed. When framing the dimensions of creating training and career development plans, you should follow these guidelines:
- Review the Practice’s functional organization chart in support of your mission statement and goals.
- Analyze the needs of the Practice – do you have the right skill sets in the right positions to advance and sustain your business?
- Do your employees have the requirements to meet the challenges or are there gaps in their skill levels to perform current or future positions?
- Are you developing high potential (‘A’ players) employees for your bench strength succession planning?
- Determine the employee development budget.
- Plan a realistic budget in which you use internal resources, such as cross-training or web based training (lower costs, convenience).
- Evaluate the need for specialized training and its impact on the bottom line.
- Don’t forget competency training that does not necessarily involve technical skills.
- Create a career development plan for the employee with information obtained in active, participatory discussions with the employee in line with the needs of the Practice.
- Prepare large but attainable goals with established timeframes to meet the goals.
- Establish the resources that will be needed in order to reach the goals.
- Consider impact on staffing so that employees have the opportunity to receive the training/education (don’t plan empty actions).
- Link the goals to the employee’s performance appraisal (essential component of performance reviews is employee development).
- Consistently encourage employees to achieve and demonstrate established goals (give him/her the opportunity to use the new skill set).
- Determine the types of tools/resources that could be used for development purposes (be creative).
- On the job training.
- Certification training.
- E-learning/online training, webcasts.
- CE, Seminars.
- Cross-training, lunch & learns, knowledge sharing.
- Job rotation.
- Internships, externships.
- Monitor the employee’s performance in order to evaluate and provide feedback on knowledge gain and skill mastery.
- Supervisors/Managers are accountable for planning/supporting the employee’s need for time off and the use of other avenues to assist the employee in achieving individual goals as well as the Practice’s goals.
Training and career development are strategic drivers for your Practices’ growth. Think about it as a positive, joint venture. The Practice reaps the benefit of an enhanced expertise that was not in place before and which allows the operations to function more efficiently. At the same time, the employee has satisfied an internal motivator.
Employment laws have been created to protect workers from wrongdoing in the workplace, addressing issues such as the following:
- minimum wage requirements
- protection from discrimination
- workplace safety
- child labor laws
- workers’ compensation
These laws have been constructed to protect both the employee and the employer. In the United States, the relationship between employer and employee is known as a “master-servant” situation because the employee is expected to perform specified duties under the auspices of the employer. Labor laws have been created to prevent employers from abusing their power. These laws continue to be created and modified with the changing times.
Two good examples of employment laws created to balance the master-servant relationship include the following:
- Fair Labor Standards Act (FLSA)
- Age Discrimination in Employment Act
They aren’t the only laws providing this balance, but are good examples of the kinds of laws created to help ensure that employers cannot discriminate against their employees or otherwise abuse their position. The goal is not to create laws that simply favor the employee over the employers, but to create a more balanced and equal relationship. For example, employers are protected in that if they don’t believe a person is capable of doing a particular job, they are not required to hire the person. They also do not have to keep someone indefinitely who isn’t performing to a reasonably-established standard.
There are federal laws addressing each of these topics, and states also make their own laws, as well. States cannot create laws that contradict existing federal laws, and if no relevant state law exists, then the corresponding federal rule applies.
Next, we will address state laws in two different but equally important ways:
- how to discover what the laws are in your state
- how to best follow those state-specific laws
Finding State-Specific Employment Law Information
You can find answers to questions about employment law, in general, through the United States Department of Labor. There are also links to state-specific law information. Ways to contact this federal agency include:
U.S. Department of Labor
200 Constitution Ave NW
Washington, DC 20210
The U.S. Department of Labor may direct you to an agency in your own state to get the state-specific answers you need, so you will often find answers more quickly by going directly to your State Labor Office; you can find a comprehensive contact list here: https://www.dol.gov/whd/contacts/state_of.htm
Another way to find this information is to talk to an attorney well versed in your state’s employment laws. This is often the best way to understand how a particular law applies to your specific situation.
Following State-Specific Employment Laws
Step one to following any law, of course, is to thoroughly understand that law and its implications. You will also need to investigate how your specific situation fits into applicable laws.
Here’s just one example of an employment law that differs from state to state: final paycheck laws. Because the FLSA does not address this issue at all, you need to look to state laws to find out how and when you must issue a final paycheck to an employee leaving your practice. Does it matter, for example, whether the employee was fired or if he or she quit? Sometimes, yes. Sometimes, no. It depends upon the law in your state.
Regarding finally paychecks, four states currently have varying laws on this topic: Alabama, Florida, Georgia and Mississippi. In Missouri, no law exists about when you must give a final paycheck to an employee who quits, but a fired one must receive it immediately. In Ohio, no state law dictates when a fired employee gets his or her last paycheck, but one who quits must receive it by the first day of the month for wages earned in the first half of the prior month, or on the fifteenth of the month if wages were earned in the second half of the previous month.
So, by examining just one state employment law in six different states, it’s easy to see the wide variety inherent in today’s laws. When someone leaves your practice, how vacation time payout is handled is also subject to varying state laws. Some states have no laws whatsoever on the subject. Others say accrued vacation time must be paid out, while others state that it must be paid out if the employee agrees to certain conditions—and, for example, in Maryland, employers can create a written policy that states they don’t pay out for accrued vacation at all. If employees are notified of this policy when first hired, this policy can stand.
Here’s an example of one type of employment law that is covered by federal law, in which a state is allowed to offer more to employees, but not less: minimum wage laws. You can find information about each state’s laws at the U.S. Department of Labor’s site (https://www.dol.gov/whd/minwage/america.htm) via a color-coded map that indicates how that state’s laws compare to the federal standard. Hover your mouse over your state to see the current rate for you and click on your state to find more detailed information about applicable laws.
For example, in 2018, the federal wage law is $7.25. Click on Nevada in the map described above, and you can see that they have established a two-tiered system. If an employer doesn’t offer health insurance benefits, the minimum wage is $8.25, with premium pay required on days that exceed eight hours or weeks that exceed 40. However, if the employer does offer health insurance benefits and the employee accepts them, then the minimum wage is the same as the federal rate of $7.25.
Meanwhile in Missouri, they have established a minimum wage rate of $7.85, with no daily premium pay requirements, and premium pay is only required if an employee works more than 40 hours per week. Employees who work for a retail or service business with gross annual sales of less than half a million dollars per year, though, are not required to receive more than the federal minimum wage rate. And, if an employee works in a “seasonal amusement or recreation” business, premium pay is not required until “after 52 hours.”
In Arizona, the minimum wage is $10.50 per hour. In Oregon, it is $10.75, with premium pay after 40 hours – and, if someone works in “nonfarm canneries, driers, or packing plants and in mills, factories or manufacturing establishments (excluding sawmills, planning mills, shingle mills, and logging camps)”, premium pay is required after ten hours in a day.
Not all examples apply to veterinary practices, of course, and the point of these examples is to show how widely state laws can vary. So, it’s wise to fully use the resources available to you through government offices and websites and, when needed, through advice of employment attorneys. Laws can change, so make sure that your practice is state-savvy for this year’s laws.
Following State Laws: Vital for Practice Success
Because employment laws are created to help maintain a healthy balance between employer and employee, carefully following them helps you to create and/or maintain a healthy work environment for everyone in the practice. Conversely, by not following these laws, you’ll open your practice up to a significant risk for lawsuits.
Originally published in Today’s Veterinary Business, February 2019
Harassment creates a negative environment in the workplace, lowering morale, reducing productivity, and otherwise upsetting employees. It can take the form of unwanted flirtation, forced touching, or inappropriate jokes about an employee’s religion, race or sex. It could involve an unwillingness of someone to work with, for example, a sight-impaired employee. Harassment can also occur when someone inappropriately contacts an employee outside of work hours. Any behavior that threatens another person, humiliates him or her or otherwise victimizes a person can be considered harassment.
When employee harassment occurs, and all parties involved are working at your practice, the situation can be challenging; but hopefully you can have a process in place to deal with the situation.
What do you do when the person accused of harassing one or more of your employees doesn’t work at your practice? Perhaps the person is the janitor for the building where your practice is housed, a pharmaceutical salesperson or a landscaper. The accused could be an investor, a shareholder or even a client. The harassment could happen in person, in writing or on the phone, by email or even through social media postings.
So, what do you do?
First, it’s important to educate yourself and your managers about the laws surrounding third-party harassment, including case law, so your practice team has a solid foundation on which to form third-party anti-harassment policies and procedures. At the core of relevant case law is Freeman v. Dal-Tile Corp., the case in which the United States 4th Circuit Court of Appeals ruled that, yes, employers can be held liable when a third party engages in acts of workplace harassment.
In this landmark case, the plaintiff asked her employer for help when an independent sales representative who came into the company repeatedly subjected her to harassment, both sexual and racial. She did not feel her company protected her and she ultimately resigned. She then filed a complaint with the U.S. Equal Employment Opportunity Commission, stating that the workplace environment was hostile, and the reporting system was not working.
Educating your management team about this case is crucial to set the stage about how seriously these behaviors are now taken in federal courts. Also, be knowledgeable about and share how your state laws read, because specifics do vary by state.
Then, after making sure your managers are clear about these laws, it’s important to discuss what’s needed in your practice to create appropriate policies, procedures and channels of communication so that your employees, unlike the plaintiff in the case described above, can be promptly heard and remedies readily applied.
Include expectations of third-party vendors in your employee handbook, and let employees know how to inform you about any harassment by them. Be crystal clear that you have zero tolerance for this type of harassment, stating that any instances should be immediately reported. Review these guidelines with new employees and regularly revisit them when you review your handbook with all employees annually.
When Choosing Third-Party Vendors
Clearly communicate your expectations to vendors when you select them, letting them know that appropriate behavior in your practice is required. It can help to schedule an orientation-type meeting when you choose a new vendor, whether a salesperson from a drug company, someone who services office equipment or a contractor. Whenever you professionally communicate expectations, it’s more likely that they’ll be met. Although these types of conversations may initially feel awkward, companies with similar philosophies will respect your boundaries. And, if a third-party company is not comfortable with a professional discussion about the prevention of employee harassment, it’s not a company you would want to continue to do business with.
When an Employee Complaint is Made
A prompt response is crucial to maintain a professional workplace where employees are respected. Plus, if the case ultimately goes to court, your speed of response may become an important factor. If you do not act immediately, it could be considered a lack of care and potentially contribute to a decision that your practice is an unsafe work environment.
Your practice should investigate the complaint, just as you would if the accused harasser worked for your practice, although specifics of the investigative process may differ. The investigation should be prompt, unbiased and fair, with no assumptions made ahead of time.
While the investigation is ongoing, you can adjust the affected employee’s (or employees’) duties to protect him/her/them from the accused harasser. Do so in a way that has the least impact on employees’ jobs. This is important because, if any change in duties negatively affects the employee who lodged the complaint, this can be considered unlawful retaliation.
If your investigation indicates that harassment is occurring, have a conversation with the third-party vendor and/or his or her human resources department, as applicable. You may need to break off the relationship with the vendor, or you may be able to continue the relationship with the company with a different representative.
Depending upon specific circumstances, there may be other steps to take, including preventive measures to provide additional protection to employees going forward. This should include, but is not limited to, reviewing your employee handbook to ensure that the procedure to file harassment complaints about third parties is optimal (or if policies and procedures related to this situation need updating). Policies must contain the same zero tolerance language as harassment policies created for intra-practice situations and must provide protections to witnesses to the harassment who come forward with relevant information.
When you do your annual review of your employee handbook, use it as an opportunity to further educate employees on third-party harassment, including how it is defined and how they should respond if they see it happening at your practice. Encourage your employees to speak up and let them know that you will protect them from retaliation.
Whenever this type of situation arises, consider seeking out the advice of experienced attorneys, especially if you haven’t handled something similar before. Better yet, talk to an attorney when creating your policies, which will help to ensure that if third party harassment situations do arise at your practice you have systems in place to swiftly deal with them. This protects your practice, as well as your employees and vendors.
Remember to maintain confidentiality. It’s crucial that your employees feel safe in reporting harassment issues, including with third parties. This will play a significant role in creating an overall safe workplace, and one that is stronger, more productive, and more successful.
Note About Client Harassment
It can be especially challenging if an employee experiences harassment from a client. Because it can affect practice revenue, employees may be especially reluctant to report these situations. For this reason, it’s important that your practice policies explicitly state that harassing behaviors by clients should be reported, and that they will be thoroughly investigated and appropriately handled.
Regardless of the parties involved, the act of harassment in the workplace is a serious matter that should be addressed immediately. Your practice should have a policy in place to deal with it and everyone working at the practice should be educated about it. This will promote a safe working environment where everyone can do their job successfully.
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Millennials are on track to be the most educated group of people entering the workforce in history. They have been defined as “ambitious high-achievers” and, as such, it was speculated that employers would appreciate these hard workers entering the workforce. However, the Millennials’ transition into the workforce has not been as smooth as it was predicted, and misunderstandings between groups from different generations have allowed for the untapped potential from Millennials to be wasted. There are various characteristics of Millennials that when understood and properly managed by employers, can create a happy working environment for all generations.
Millennials are commonly defined as people born between 1981 and 2000, although no absolute chronological endpoint has been established for this generation. Currently, they are young adults, falling between the ages of 17-37. They will soon become the largest living generation in America with nearly 75 million constituents.
The Millennial generation has been described as confident, ambitious, independent, innovative, optimistic, adaptable and technologically advanced. Those are potentially positive traits for an employee. However, as it happens with every generation, there has been some friction as the Millennials have entered the workforce. Criticisms are arising, perhaps to the largest inter-generational degree to date, as new perspectives clash with old ones. This is happening, in large part, because Millennial perspectives on information, job security, and leadership tend to be diametrically opposed to those of older, existing workers.
As Baby Boomers and Generation Xers are retiring, Millennials have been entering the workforce at increasing rates, with Millennials recently surpassing Generation Xers and Baby Boomers to become the largest component of the U.S. labor force, comprising 34.6% in 2015. By 2020, they are projected to comprise 46% of the labor force. Competitive employers will therefore be trying to attract and retain Millennial workers to create an edge for their business to succeed, and the best way to attract any demographic group is to understand what they want and then provide it. To understand Millennial motivation, one must look to the big influences on their generation to see what has shaped and helped to define them.
Millennials, just like with preceding generations, have been shaped by the events of the world as they grew up. Events that occur during formative years tend to have a significant impact on people as they mature, with some sociologists saying that people are disproportionately influenced by events that occur between their late teens and mid-twenties. Others believe that the range of influencing years is broader. Most agree that by their late twenties and early thirties, people become more set in their beliefs. By this definition, the big influencers for the Millennial generation would include helicopter parents, digital media, terrorist attacks, and economic recessions, including the burst of the dot-com bubble and the subprime mortgage crisis.
Millennials were often raised by parents who scheduled everything for them. Their schedules outside of school were frequently packed with everything from sports practice to music lessons. Many parents of Millennials had no trouble petitioning a coach for more playing time or a teacher for a better grade for their child, making Millennials a more micromanaged generation. Notably, this packed schedule often involved group activities, frequently making Millennials great team players. Plus, Millennials are often very close with their parents and rely upon them as a source of advice and wisdom.
On top of their highly involved parents praising them, Millennials often received trophies for participation in their activities. This has fostered expectations that they deserve an award simply for showing up. On the plus side, Millennials want to continue receiving these awards, which can help them to focus on developing the talents and skills that will help them win coveted awards. This means they are often setting new challenges for themselves, which could be very useful in the workplace if properly harnessed. However, this has also led many Millennials to believe they are unduly special; 54% of them believe the workplace should adapt to them and it is therefore unnecessary for them to conform to company culture.
In summary, the helicopter parent influence on Millennials shaped them to be team oriented, externally motivated and confident, and has also led many of them to believe they are “special.”
Millennials were the first generation to grow up surrounded by the instant gratification technology of digital media. Because technology was integrated into so many aspects of their lives, from cell phones to IMs to personal computers, they are technologically savvy. They are therefore also experts at multitasking and have become accustomed to getting what they want, such as answers to questions, when they want it. Millennials also witnessed the birth of social media, which has allowed the world to shrink exponentially; through improved access, Millennials are exposed to more ideas, cultures and opinions. This has made them more open-minded and more networked than past generations. Having access to many opinions with the click of a button has also helped to shape this generation into a collaborative group.
The digital media influence has shaped Millennials to be team oriented as well as technologically savvy, open-minded, globally conscious, multitaskers and networked.
A bulk of this generation was still in school at the time of the 9/11 attacks, and they experienced an increase in helicopter parenting following this event. This fostered the generations’ dependence on technology, with personal cell phones being given to children so parents could contact them at any time. Due to close ties with their parents, Millennials also experienced a reinforcement in the value of a sense of community.
During this character-forming time in the Millennials’ youth, they witnessed a senseless act of violence that demonstrated the fragility of human life. Thus, a sense of urgency seems to permeate this generation. They live their lives with borderline-delusional courage, unconventional work ethics and a ferocious need to customize their futures because they watched as other futures were cut short. They are therefore driven by their passions more than past generations and live more in the moment because of these events. This influence also helped to mold Millennials to be family oriented and passionate about making a difference.
The 1990s were a time of steady economic growth and expansion; the mid-to-late 1990s saw optimistic entrepreneurs pursing new internet ventures, influenced by successes such as eBay and Amazon. Many internet companies called “dot-coms” were launched, and investors financed these start-ups. However, these ventures were not as profitable as originally assumed and many of the companies crashed, leading to a stock market crash. During the final decades of the 20th century, 30 million U.S. workers were laid off. For the Millennials, this meant seeing their parents lose their jobs. They were imprinted as children by a period of diminished job security and weakening ties between the employer and the employee. Company loyalty did not mean as much as it once had.
After seeing their parents bear the brunt of the dot-coms, Millennials experienced a recession themselves just as they were entering the workforce. This “Great Recession” lasted from 2007 to 2010, in large part because of mortgage credit being offered to subprime borrowers. When these borrowers defaulted on their loans, the housing market crashed, which affected the overall economy. It decreased wealth and consumer spending, lowered construction, limited the ability of firms to lend money, and limited the funds firms could raise.
The group of people who were affected most by this crisis were the Millennials who were just entering the workforce, particularly the graduating class of 2008. They had trouble finding jobs, much less jobs with high enough wages to offset their massive student debt. This caused many young adults to postpone major adult milestones such as marriage, or the purchase of their own car or home.
Even several years after the recession, Millennials are still having some difficulty finding jobs. Statistics from Pew Research indicate that 25-34-year-olds made up 48% of the unemployed population in 2015. Additionally, it has been harder for Millennials to access credit, which has caused some of them to settle for jobs they don’t want, with people from this generation frequently looking for new potential employment opportunities. They have seen layoffs or been in a position where they themselves could not find a job. Thus, many have responded with the mindset that they will not let the same things happen to them or are determined not to have them happen again; they are therefore constantly looking ahead.
These economic recessions made Millennials ambitious and stressed, and they have contributed to this generation’s external motivation.
Tips for Optimizing Success Based on Millennial Traits
Based on the major influences of the times, certain traits within Millennials arose that shape their motivation. These traits give insight as to what is important to Millennials, and thus, how they can be managed and fostered in the workplace to optimize success. Millennials are team oriented, family oriented, externally motivated, “special,” confident, ambitious, technologically savvy, open-minded, globally conscious, networked, multitaskers, passionate about making a difference, and stressed. Here are a few ways you can harness these traits to optimize workplace success.
Millennials are all about work and life. Nearly six in 10 (57%) of them say work-life balance and personal well-being in a job are “very important” to them. Not surprisingly, then, lack of flexibility was cited among the top reasons Millennials quit jobs. And nearly 40 percent of young workers, male or female, in the United States are so unhappy with the lack of paid parental-leave policies that they say they would be willing to move to another country.
So, what options can you offer Millennials? Can you offer flexible scheduling, including but not limited to telecommuting elements? What is your parental leave policy? Should you take a second look at what you offer? When you talk to the Millennials at your practice, what options do they say are important to them?
Millennials prefer to work in teams, in part because they perceive group-based work to be more fun, but also because they like to avoid risk. Millennials also report that working and interacting with other members of a team makes work more pleasurable. Millennial workers like to be actively involved and fully committed to whatever projects they take on, and they contribute their best efforts to the organization when their work is performed in a collaborative workgroup or team.
What team structures do you have in place at your practice? Have you sat down with your employees to find out ways in which they would like more teamwork to exist? What changes can you make now? In the future?
Because they fear risk, knowing that health insurance is available and affordable is important to this generation. What are you able to provide them? Are there voluntary benefits you can offer them? Because this is a generation with significant student debt, increasing numbers of companies are offering loan repayment assistance. Have you investigated that option?
Millennials appreciate the opportunity to learn and grow. Have you sat down with them to talk about promotion possibilities and the best way to get the education and training needed for a desired promotion?
These are just some of the ways in which you can optimize Millennial performance at work and retain your best employees. It’s important, too, to avoid pigeon-holing any employee, assuming you know what someone wants because of the year of his or her birth. For employees of any age or generation, the way you can learn the most about their desires, fears, needs and wants is open and honest communication. Set aside time to learn more about your employees as individuals and help them with their unique career paths – and you will all benefit.
What happens when you die? Will your heirs receive a fair price, or any price for your investment in the practice? Will they remain locked into that investment forever? Will your heirs collect profits from the practice? What if the other partner (who is getting paid under his practice employment contract) has voting control and decides not to distribute profits?
If your heirs are to be bought out, who sets the purchase price? How and by whom is it paid? If part of the purchase price is paid with a promissory note, is same secured? How? What if the practice is not profitable enough to pay the note?
What happens when your partner dies? Your deceased partner’s heirs are now your new partners.
Barring a fluke, your new partners will not be veterinarians. Does your State permit non-veterinarian practice owners? Will they want to be bought out or stay and collect profits from the practice? (Without contributing to profit generation of course.) If the deceased partner was a large shareholder, or the majority interest holder, the heirs will also inherit your deceased partner’s voting rights. Do you want to share practice management with, or be managed by, such persons? What if the heirs squabble among themselves, leading to management paralysis and/or litigation? Do you fancy having the practice run by a court-appointed receiver?
If the heirs are to be bought out, who determines the purchase price? How and by whom is it paid? If there’s a note, is it secured? How?
What if you are permanently disabled? Will you receive a fair price, or any price for your investment in the practice? Will you remain locked into your investment forever? Will you collect profits from the practice? What if the remaining partner decides not to distribute profits?
If you are to be bought out, who sets the purchase price? By whom and how is it paid? If there’s a note, is it secured? How?
What if your partner is permanently disabled? Will your disabled partner want to be bought out or stay and collect practice profits (without generating any of same)? A disabled partner’s interests will be different then yours, so if he was the managing and/or majority partner, how will he run the practice? Will he be able to run the practice? What if the disabled partner is mentally disabled?
If your disabled partner is to be bought out, who determines the purchase price? How and by whom is it paid? If there’s a note, is it secured? How?
What if your partner goes nuts? You don’t want a mentally unstable person practicing veterinary medicine. But if such partner is the majority partner you can’t fire him, because he, not you, controls the practice entity. The same problem arises for equal partners. Sure your mentally disabled partner could voluntarily remove himself, but can you rely on that? What if the majority partner has a guardian? How will the guardian run the practice? What if the majority partner or guardian fires you?
What if your partner should be fired as veterinarian-employee? Suppose your partner becomes lazy or his child becomes ill and decides to work significantly less hours or stop working altogether. Suppose your partner becomes a substance abuser and consequently unfit to practice veterinary medicine. Or he steals from the practice. Or he harasses employees and/or abuses clients and/or patients. The foregoing would be grounds for terminating a veterinarian employee. But if your partner is the majority or an equal partner you can’t fire him (as explained in the preceding paragraph).
What if you no longer get along? Should the practice be dissolved? If not, who should leave? At what price should the departing partner be bought out? How and by whom is it paid? If there’s a note, is it secured? How?
In a 50/50 practice how are disagreements handled? What happens when each party has equal voting/management rights and a serious disagreement arises? How will the resulting deadlock be resolved?
What if your partner wants to drop out, buy a boat and sail around the world? Should your partner be permitted to withdraw? If not, how do you keep your partner from just resigning as an employee (in light of the constitutional prohibition of involuntary servitude)?
What if your ex-partner discovers he’s chronically sea-sick and comes back to set up a veterinary practice next store (using the client list he kept when he left)?
If a partner is permitted to withdraw, who determines the purchase price? By whom and how is it paid? If there’s a note, is it secured? How?
What if your partner divorces? If the divorced spouse has, or is awarded, a portion of your partner’s practice equity interest, the divorced spouse becomes a partner. Ménages à trois make great literature and film themes but ALWAYS end badly.
What if your partner goes bankrupt? Do you fancy your partner’s creditor as your new partner? It won’t be fun to have a bank running, or having a say in running, the practice. Worse, the bank likely will want to sell your partner’s share to a competitor.
Who’s got the land? The small animal practice’s most valuable asset is its location, because most clients won’t travel far for pet treatment. As zoning restrictions get ever tighter, good practice locations become ever rarer (and more expensive). If, as is frequently the case, one partner owns the practice premises, what happens when he dies, is disabled, withdraws, resigns, divorces and/or goes bankrupt?
What if another veterinarian wants to buy your partner’s interest in the practice? Should your partner be allowed to sell without your approval? Should you have a right of first offer? A right of first refusal?
IF YOUR PARTNER IS NOT YOUR RETIREMENT PLAN, THEN WHO IS? If you don’t have a firm agreement with your partner to sell your practice interest to him (or someone else) upon your retirement, then how are you going to retire using your investment in the practice as your nest egg? What if both partners want to retire at the same time?