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Employment Law

3rd Parties EPL Insurances - How to prevent employee lawsuits?

HR Consultant 2012.01.08 00:52 Views : 505

To prevent employee lawsuits, educate your managers and employees so that you minimize problems in the first place:
  • Create effective hiring and screening programs to avoid discrimination in hiring.
  • Post corporate policies throughout the workplace and place them in employee handbooks so policies are clear to everyone.
  • Show employees what steps to take if they are the object of sexual harassment or discrimination by a supervisor. Make sure supervisors know where the company stands on what behaviors are not permissible.
  • Document everything that occurs and the steps your company is taking to prevent and solve employee disputes.

     

    More than any other aspect of the employment relationship, the discharge of an employee has the potential to result in litigation. EPLI policies cover claims by former employees alleging that he or she was wrongfully terminated. Some policies also cover claims of "constructive discharge" by employees who claim that they could no longer tolerate the work environment and were compelled to resign or retire.

     
     

    Policies can also cover claims by current, former or prospective employees who charge that they were the victim of employment-related discrimination on the basis of any federal, state or local law that prohibits discrimination by employers on the basis of:

    Race Sexual Orientation
    Color Marital Status
    Creed Sex
    National Origin Religion
    Gender Age
    Military Service Disalibity
    Pregnancy Handicap

    The definition of discrimination can include any future changes in those laws such that any additional categories of discrimination against employees will be included within the coverage afforded by a policy. Claims by employees who charge that they were discriminated against for exercising their rights under worker's compensation, COBRA or other similar laws, can also be covered.

     

     

     

    Coverage for sexual harassment claims against your company, including claims against supervisors and fellow employees, can be included. In addition, the policy can cover all categories of sexual harassment as currently defined by the Equal Employment Opportunity Commission.

     
     

    Policies can also cover claims by employees who charge that they were the subject of an adverse employment decision solely because they disclosed an unfair or illegal practice by the employer. This is one of the few policies to specifically cover whistleblower claims. Sometimes these matters are referred to as "Section 132".

     
     

    The FLSA sets the minimum wage and maximum hour/overtime requirements. The Wage and Hour Division of the Department of Labor manages the administration of the FLSA. FSLA actions are frequently NOT covered without specific EPLI insurance policies.

     
     

    Other additional causes of action which are alleged in employment litigation, such as libel, slander, or other defamation, invasion of privacy, mental anguish, infliction of emotional distress, loss of consortium, assault, battery, breach of contract, negligent hiring, supervision, promotion or retention in connection with any other employment-related claim, can often be covered.

     

    ** 상기 내용은 무단 복제를 금합니다.

    ** 상기 내용에 따른 모든 Liability 본인에게 있음을 알려드립니다.

    ** Counsel은 법률 자문이 아닙니다. 따라서 소송에 관련된 건은 전문 변호사와 상담하시는것이 좋겠습니다.

    ** 추가 질문이 있는 경우에는 아래에 댓들을 달아주시면 회신드리겠습니다.

     

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