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...r>FIRING WITHOUT FEAR: AVOIDING WRONGFUL TERMINATION LAWSUITS by Beth Schroe...ncerned with the possibility of the wrongful discharge lawsuit, and are not in...

...void legal action. Lawsuits for wrongful termination, discrimination, defamat...new people several weeks after the terminations are certainly calling into que...

...eds in the event of the agent's termination. Each producer's contract should be carefully studied for termination clauses and the consequences of termination. Many P/C agencies have Life busin...l commissions after a Life agent's termination, but ownership should clearly b...

... Planning Finance/Accounting Risk Management Human Resources Selling Legal and E&O Technology Life/Financial Services Glossaries Management Resources & Links Categories Popular Recent All Back Are You Offering Employment Practices Liability Insurance?4/30/2013 10:44:07 PM by CompleteMarkets Editor , Curtis Pearsall This content has not been rated yet. ARE YOU OFFERING EMPLOYMENT PRACTICES LIABILITY INSURANCE? by Curtis Pearsall Claims alleging wrongful employment practices have undoubtedly increased significantly over the last decade. According to USA Today, an estimated 450 employment lawsuits are filed every day. One survey reported that half of all firms sued spend more than $50,000 (and one-third spend more than $100,000) defending against these claims, in addition to the actual cost of the settlements or verdicts. The average plaintiff's damages ... employment lawsuits exceed $250,000, and 15% of all verdicts top $1 million. Because of this market need, Employment Practices Liability (EPL) coverage was created in the late 1980s. This product was designed to cover EPL claims, which fall into four broad categories of conduct: discrimination wrongful termination sexual harassment a variety of other workplace torts A large number of companies now offer this coverage, and sales are certainly on the rise. Yet, many commercial clients still have not purchased EPL. The cost may be one reason, although that has come down drastically. Is it possible that many of these clients go unprotected because no one has offered them a proposal? Let's assume that one of your commercial clients was not aware that this coverage was available, you never offered ...

... rated yet. These hiring guidelines can help protect your business against the "growth industry" of employment-related litigation. Today, every business faces not only the traditional challenges of competition and rapidly changing technology, but a relatively new category of potential adversary — workers hitting them with employment-related claims. Not-for-profit corporations, public entities, and private businesses alike are experiencing an explosion of litigation alleging: Discrimination Sexual Harassment Wrongful discharge Wage and hour disputes Negligent hiring, retention, and supervision Failure to provide benefits Violations of federal and state leave-of-absence laws Whether 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 ... 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% of the workforce is responsible for 95% of employment-related litigation. Most of those 5% have victim mentalities. They believe that they're entitled to a job and salary regardless of their performance; they blame others for their shortcomings; or they refuse to accept responsibility for their ...

... The limited availability of EPL insurance on an occurrence basis is a recent development. But before switching your clients to occurrence-based EPL insurance, consider the following issues: PRIOR ACTS Prior-acts coverage is a particularly important feature for insureds because many employment claims allege a pattern of wrongdoing that spans more than one year. It's not uncommon for sexual harassment suits and race- and gender-discrimination suits-class-action and individual claims-to allege that wrongful conduct occurred over the course of at least 10 years. Now that prior-acts coverage is widely available, if EPL coverage is written on a claims-made basis, the policyholder can capture the benefits of the most recent policy enhancements. If coverage is written on an occurrence basis, the coverage might not be enhanced from year to year. Even if coverage is enhanced, it will be available only for ... or constructive-of an employment relationship that is against the law Allegations of wrongful demotion, retaliation, misrepresentation, promissory estoppel, and intentional interference with contract Defamation, infliction of emotional distress or mental anguish, humiliation, false imprisonment, invasion of privacy, and other personal-injury allegations Allegations of breach of an implied employment contract, or breach of the covenant of good faith and fair dealing in the employment contract Employment terminations, disciplinary actions, demotions, and other employment decisions that violate public policy Violations of the Uniformed Services Employment and Reemployment Rights Act Breach of an employee's federal, state, or local civil rights, including but not limited to any violation of the Civil Rights Act of 1886 or 42 U.S.C. section 1983 Retaliation against any insured for filing under the Federal False Claims Act, in connection with whistle ...

... The limited availability of EPL insurance on an occurrence basis is a recent development. But before switching your clients to occurrence-based EPL insurance, consider the following issues: PRIOR ACTS Prior-acts coverage is a particularly important feature for insureds because many employment claims allege a pattern of wrongdoing that spans more than one year. It's not uncommon for sexual harassment suits and race- and gender-discrimination suits-class-action and individual claims-to allege that wrongful conduct occurred over the course of at least 10 years. Now that prior-acts coverage is widely available, if EPL coverage is written on a claims-made basis, the policyholder can capture the benefits of the most recent policy enhancements. If coverage is written on an occurrence basis, the coverage might not be enhanced from year to year. Even if coverage is enhanced, it will be available only for ... or constructive-of an employment relationship that is against the law Allegations of wrongful demotion, retaliation, misrepresentation, promissory estoppel, and intentional interference with contract Defamation, infliction of emotional distress or mental anguish, humiliation, false imprisonment, invasion of privacy, and other personal-injury allegations Allegations of breach of an implied employment contract, or breach of the covenant of good faith and fair dealing in the employment contract Employment terminations, disciplinary actions, demotions, and other employment decisions that violate public policy Violations of the Uniformed Services Employment and Reemployment Rights Act Breach of an employee's federal, state, or local civil rights, including but not limited to any violation of the Civil Rights Act of 1886 or 42 U.S.C. section 1983 Retaliation against any insured for filing under the Federal False Claims Act, in connection with whistle ...

... The limited availability of EPL insurance on an occurrence basis is a recent development. But before switching your clients to occurrence-based EPL insurance, consider the following issues: PRIOR ACTS Prior-acts coverage is a particularly important feature for insureds because many employment claims allege a pattern of wrongdoing that spans more than one year. It's not uncommon for sexual harassment suits and race- and gender-discrimination suits-class-action and individual claims-to allege that wrongful conduct occurred over the course of at least 10 years. Now that prior-acts coverage is widely available, if EPL coverage is written on a claims-made basis, the policyholder can capture the benefits of the most recent policy enhancements. If coverage is written on an occurrence basis, the coverage might not be enhanced from year to year. Even if coverage is enhanced, it will be available only for ... or constructive-of an employment relationship that is against the law Allegations of wrongful demotion, retaliation, misrepresentation, promissory estoppel, and intentional interference with contract Defamation, infliction of emotional distress or mental anguish, humiliation, false imprisonment, invasion of privacy, and other personal-injury allegations Allegations of breach of an implied employment contract, or breach of the covenant of good faith and fair dealing in the employment contract Employment terminations, disciplinary actions, demotions, and other employment decisions that violate public policy Violations of the Uniformed Services Employment and Reemployment Rights Act Breach of an employee's federal, state, or local civil rights, including but not limited to any violation of the Civil Rights Act of 1886 or 42 U.S.C. section 1983 Retaliation against any insured for filing under the Federal False Claims Act, in connection with whistle ...

...Curtis Pearsall Claims alleging wrongful employment practices have undoubtedl...most policies cover discrimination, wrongful termination, sexual harassment, and workpla...

... E&O Technology Life/Financial Services Glossaries Management Resources & Links Categories Popular Recent All Back Epl: Building A Three-Legged Stool Of Protection 4/30/2013 10:35:25 PM by CompleteMarkets Editor , Gary Griffin This content has not been rated yet. EMPLOYMENT PRACTICES LIABILITY INSURANCE: BUILDING A THREE-LEGGED STOOL OF PROTECTION by Gary Griffin, ARM, and Rachel McKinney As the incidence of wrongful employment practice suits increases, savvy employers are taking proactive steps to control both the frequency and severity of claims. But even the most aggressive prevention measures won't completely insulate employers and others from loss. New insurance products covering employment-related liability can provide the backstop protection many employers need to avert catastrophe. Over the last 20 years, wrongful employment practice claims have risen at a rate 18 times faster than ... defend the insured even if some of the allegations are in dispute or are not covered by the policy. An early defense is often crucial in resolving employment-related claims, and any disruption or conflict with the insurer over what is or is not covered can drive the claims process into low gear. Covered Practices EPLI policies usually cover a wide range of wrongful acts. Under most EPLI policies these include wrongful termination, discrimination, sexual harassment, and other employment torts. But the definitions of these terms varies, and subtle differences in wording can limit coverage. Discrimination In its everyday usage, the term "discrimination" can encompass a wide variety of acts. In an EPLI policy, though, the definition is more focused and can be narrowly defined. Under some policies, the ...