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Health Care—Human Resources
Health care organizations are continually challenged to maintain a positive relationship with their employees as they face an ever-widening array of legal and regulatory obligations. What’s more, these obligations are often intertwined. An employer’s actions in one domain of human resources law may very well impact several other employee-related issues. Whyte Hirschboeck Dudek has a sizeable group of extremely well qualified attorneys who dedicate their practice to representing management in all facets of labor relations, employment and employee benefit law. Our experience and breadth of knowledge allows us to help resolve any employer/employee concern.

Why Choose Whyte Hirschboeck Dudek?

1.  Experience

When faced with sophisticated labor, employment and employee benefit legal matters, experience matters. WHD has the experience. Our Human Resources Practices Group has extensive experience guiding health care clients through complex labor and employment matters, enabling clients to get back to their core business - serving patients.

2.  Understanding Your Uniqueness

We recognize that health care organizations are not retail businesses nor manufacturers, but are human service providers with unique issues and concerns. No two health care organizations are the same, so we work hard to develop a clear understanding of each client's mission, vision and pressure points. By placing employment-related issues in the context of the client’s entire scope of services, we can provide innovative, practical and cost-effective solutions.

3.  Two-Way Communication

Consistent, open communication is the hallmark of a great attorney-client relationship. When you need us, we will respond promptly. Once a legal issue commences, we keep you informed of the detailed status on an ongoing basis. A collaborative, two-way dialog ensures that we anticipate and address interrelated human resource concerns throughout the health care organization.

4.  Ongoing Education

Our holistic approach includes a commitment to continuously update our clients on legal and regulatory developments. For example, we produce a quarterly newsletter and generate periodic e-mail alerts to keep HR management abreast of the changing legal landscape and HR trends. Our team also regularly provides in-house training to top and mid-level managers, as well as front line supervisors on a variety of human resources law issues. Training includes effective supervisory skills and the latest techniques on remaining union-free.

Types of Health Care Clients Served...

  • Hospitals
  • Physicians Groups
  • Skilled Nursing Facilities
  • Assisted Living Facilities
  • Home Health Care Organizations
  • Residential and Transitional Health Care Facilities

...and how we serve them

Whyte Hirschboeck Dudek represents health care organizations in all aspects of employee relations and human resource law, including counseling employers on terminations and workplace medical issues, discrimination claim defense, all facets of union issues facing health care employers, employee benefits design and administration, and litigation. See below for a list of representative engagements in these areas.

Human Resources Legal Issues Facing Health Care Today
  • Ever-changing and evolving statutes, regulations and case law

  • Claims by current and former disgruntled employees

  • Increased efforts by unions to organize health care facilities

  • Fluid employee benefit compliance environment

  • Evolving immigration compliance environment

Representative Engagements

  • Regularly counsel health care employers on all facets of employment law, including hiring and background checks, FMLA and ADA issues, wage and hour compliance, prevention of wrongful discharge claims, and use of independent contractors.
  • Regularly represent employers in worker’s compensation claims and assist health care employers in developing comprehensive strategies to manage claims and reduce costs associated with workplace injury claims.
  • Represent nursing homes, other skilled nursing facilities and physician groups in harassment and other employment discrimination claims.
  • Regularly counsel employers on union avoidance, including assisting health care clients when faced with organizing activities by the SEIU, WFNHP, UFCW, and AFSCME.
  • Have successfully led post-petition counter-union organizing campaigns at residential health care facilities.
  • Engage in collective bargaining both behind the scenes and at the table on behalf of health care management.
  • Draft and provided counseling on all facets of physician contracts. Litigate issues pertaining to physician contracts, including “non-compete” violations.
  • Provide immigration services to health care employers, including Visa applications, Form I-9 compliance, and Social Security “no-match” compliance.
  • Provide representation and counseling to health care associations regarding the use of volunteer and non-volunteer workers.