Tuning In To Your Own Behavior: Are You Tone-Deaf?

“We often refuse to accept an idea merely because the tone of voice in which it has been expressed is unsympathetic to us.”

– Friedrich Nietzsche

Merriam-Webster’s dictionary defines “tone-deaf” as having or showing an obtuse insensitivity or lack of perception particularly in matters of public sentiment, opinion, or taste.

We are seeing an increase in contract language stating that employed physicians must “work cooperatively with others in the workplace.” This language is very general and allows the employer to terminate employees who are “bad fits” without necessarily having to give notice to the physician and an opportunity for the physician to correct the behavior. Of note is that this language is included in the section of the employment agreement that allows the employer to terminate the agreement immediately for cause (meaning no notice and opportunity to correct).

When a “bad fit” is used as the reason an employer terminates an employee, it is often because the employee is unable to communicate respectfully with the employer or is, in other words, “tone-deaf.” Sometimes an employee can offend coworkers without intending to, because he or she is socially inept or oblivious to his or her behavior. For example, the employee comes off as being arrogant or condescending, using words in a way that others find offensive. “Talking down” to OR yelling at others is likely to violate the employer’s zero tolerance harassment policy and its disruptive behavior policy. The employee may think he/she is merely being forceful, but the target of the yelling perceives it as offensive harassment.

Why does this matter from a legal perspective? Because the same contract that requires a physician to “be cooperative in the workplace” also requires that the physician follow the employer’s corporate compliance program, code of conduct, disruptive behavior and zero-tolerance harassment policies. The examples of the behaviors mentioned here are also likely violations of policy because they may create a hostile work environment. If the employer ignores conduct that may create a hostile work environment, the employer could face employment discrimination claims, and likely will see increased employee turnover in an environment where it is already challenging to retain qualified employees.

There are reasons that health care employers adopt these policies aside from expecting professional and non-abusive behaviors on the part of their providers. Studies have shown that most costly medical errors result from disruptive behavior, the most common form being a failure or refusal to communicate effectively and respectfully. Health care is a high pressure environment: if care providers and other employees can’t work as an effective team, sometimes the patient pays the price.

For further information contact us.

See also https://www.mbhealthlaw.com/a-constructive-solution-to-what-may-be-a-silent-issue.