Employment Law

At the heart of every successful mental health practice are dedicated professionals committed to compassionate and ethical care. Schaupp McDermott understands the unique challenges when employing clinicians as well as support staff.

We specialize in employment law services designed specifically for psychotherapy practices, agencies, and institutes. Our team helps employers manage the multifaceted demands of human resources in the field of mental health. We can help ensure that your practice complies with the various requirements imposed across a range of areas under state and federal laws to the provision of mental health services by employees.

Our Employment Law Services

Schaupp McDermott offers a comprehensive suite of services tailored to the needs of mental health organizations:

• Employee Classification: properly classify employees and independent contractors to avoid compliance issues and mitigate legal risks.
• Employment Agreements: draft and negotiate clear, legally sound employment agreements and independent contractor agreements.
• Workplace Policies and Employment Manuals: develop customized policies that address harassment, discrimination, leave, benefits, discipline and other key employment matters.
• Clinical Treatment Manuals: create clinical treatment manuals designed and uniquely tailored to each practice to streamline mental health treatment protocols with employment policies, and to facilitate employee compliance with protocols while maintaining standards of care and adherence to ethical codes and professional regulations.
• Supervision of Pre-Licensed Therapists: provide legal and ethical guidance for supervising pre-licensed clinicians in compliance with NYSED regulations, ethics codes, and New York State law.
• Workplace Compliance: ensure compliance with federal and state laws, including wage and hour, anti-discrimination, and family/medical leave laws.
• HIPAA Compliance: create policies to guide HIPAA risk assessments and staff training while keeping internal practices up to date.
• Separation Agreements: draft and negotiate separation agreements for smooth transitions that protect your practice’s interests when an employee leaves the practice.
• Restrictive Covenants and Non-Disclosure Agreements: safeguard your practice’s sensitive information and trade secrets through tailored restrictive covenants.
• Employee Training: implement training programs to ensure employees understand their rights and responsibilities, fostering a compliant and respectful workplace.

Partner with Us for Your Practice’s Success

Our team is here to help you create a compliant, compassionate, and effective work environment. Together, we can build a culture that supports your team’s well-being and advances your practice’s mission.

Let us partner with you to ensure your practice remains a place where your people—and your mission—can truly thrive. Contact us today to learn how we can assist you.