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... policy' are particularly suspect for having a victim mentality. Carefully scrutinize candidates with unexplained gaps in their employment history, criminal records, and other questionable items on their application. The employment application should include a statement about at-will employment as a defense against potential employee contract claims. Have employees sign an agreement that any disputes concerning hiring, termination or wages be resolved through binding arbitration before a retired Superior Court Judge. REVIEW OF CANDIDATES' QUALIFICATIONS: Besides the standard job interview, employers should consider the following ways of checking a candidate's qualifications: Drug Tests: Many problem employees have drug or alcohol problems. Credit Check: A credit report will reveal if the applicant has listed all previous employers. The new Fair Credit Reporting Act (FCRA) amendments require employers to get permission from applicants before obtaining ... companies win or lose such suits, they'll divert time, money, and energy from growing sales and earnings. In one Southern California lawsuit, an openly gay grocery store night manager claimed he was wrongfully terminated because of upper management's discriminatory anti-gay practices. The store denied the allegations and said the manager was fired because he violated the store's zero-tolerance policy on sexual harassment. He was suspended after a stock clerk accused him of trying to fondle him; other employees provided signed statements accusing the manager of conduct ranging from mild sexual innuendo to fondling and propositioning employees. Even if the store wins the suit, it will have lost hundreds of thousands of dollars on lawyers' fees and its public image will suffer. If it loses the suit, the verdict could be in the millions. Only 5% ...

...itration before a retired Superior Court Judge. REVIEW OF CANDIDATES’ QUALI...

...ay laws. In overtime pay cases, courts start with the premise that all empl...tting a deal directly with employees. Courts have found that agreements that p...

... might have tolerated this practice — 25 years ago. Today, they would never allow it. With a claim denial, you'll most certainly end up in a negative position. Never sign a driver exclusion on behalf of a client. Don't fill out voluntary audit forms or sign one in the client's behalf and then send it to the carrier. Your case will be lost before you ever get into court! It's questionable how responsive your E&O carrier might be. Even if they defended you, they probably wouldn't renew your coverage, and you' find it very difficult to obtain another market. 13. Confirm all binders in writing to the carrier and to the insured; never bind coverage without issuing a binder. This one probably stands at the top of the list of situations generating ... been under the microscope. The second area — reports that come in with values higher than the provisional amount — also requires action on your part. Any time that the values exceed the provisional amount, contact the insured to see if there have been changes in the operation, unusual growth, and so forth. Once you learn what's going on, let the carrier know. It might have a clerk who isn't monitoring the provisional amount carefully. If you rely on the carrier to point this out to you, you're risking an E&O claim. Monitor audits on monthly, quarterly, semi-annual, and annual policies as well. The same reasons for monitoring reports of values apply to audits, although you might not have the same degree of E&O exposure. While significant changes from ...

...l be lost before you ever get into court! It's questionable how responsive...

... writ, injunction or decree of any court or administrative agency to which the...