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SAMPLE
Employment Practices Liability
Program Outline
- HOT TOPICS
- EPL COVERAGES AND APPLICATIONS
- Introduction
- Explanation of Coverages
- List of Companies/Stand Alone/Endorsement
- EPL Insurance Application
- Specimen Insurance Policy
- HIRING
- Employment Application
- Job Description Examples
- The Job Interview
- The Background Check (Avert Information)
- Sample Background Research Release
- At Will Employment Letter
- Sample Employment Agreement
- Sample Employee Reimbursement Agreement
- Sample Orientation Program
- EMPLOYEE MANUAL
- Introduction
- Statement of Policies
- Equal Employment Opportunity
- Americans with Disabilities Act
- Family and Medical Leave Act of 1993
- COBRA
- Workers' Compensation
- Sexual Harassment
- Disciplinary Action
- General Work Rules
- Outside Employment and Conflict of Interest
- Complaint and Suggestion Procedure
- Vacation
- Holidays
- Bereavement Leave
- Hours of Work
- Absence or Lateness
- Resignation
- Bulletin Boards
- Suggested Additional Policies
- POST-EMPLOYMENT
- Performance Evaluation
- Termination Procedures & Referral Guidelines
- Reference Release Waiver
- Exit Interviews
- Top Ten Ways for Employers to Stay Out of Court
Introduction to Insurance Sections of
Employment Practices Liability Manual
The threat of litigation by past and present employees has made employers more concerned than ever about employee relations. The volume of employment-related litigation--such as claims of discrimination, harassment, and wrongful termination--is at an all-time high. With increasing frequency, the news contains reports of large verdicts against employers for these claims. For the small to medium-sized business, the cost of defending a wrongful termination or discrimination claim and the potential exposure for a money damages award pose a significant threat to your company's limited financial resources.
With employers subject to an increasing number of laws affecting the employment relationship and the increase in potential exposure for employment decisions, many small businesses are recognizing the need for Employment Practices Liability (EPL) coverage.
These are the facts:
1. Small businesses are subject to many of the key federal, state and local laws affecting the employment relationship.
2. The number of claims filed with the Equal Employment Opportunity Commission and similar state and local agencies continues to increase.
3. Courts have expanded their interpretation of legal principles affecting the employment relationship and created new causes of action for disgruntled employees.
4. Through legislation like the Americans With Disabilities Act and the Family Medical Leave Act, Congress has created new grounds for job applicants, and present and former employees, to sue employers.
5. Employment-related claims may be brought against your employees as well as your company.
6. Even though an employer may follow all applicable policies and procedures in discharging an employee, suits by disgruntled employees can be filed and must be defended.
7. The cost of defending an employment-related claim can deprive any business of badly-needed resources.
Introduction To Legal Sections of
Employment Practices Liability Manual
Although you may already have some form of hiring policies and/or employee handbook or manual, or believe it may not be necessary for your business, continuous and significant developments in employment laws have made current and comprehensive versions of an employee handbook a virtual necessity. In recent years, Congress enacted the Family and Medical Leave Act and Americans With Disabilities Act, as well as the Civil Rights Act of 1991. The full impact of these laws is beginning to be felt as employees become more aware of their rights and your responsibilities. Because of the potential employment-related claims relating to such legislation, properly drafted and implemented personnel policies are more important than ever before.
Responding to these issues, the law firm of Neale & Newman, LLP has compiled and prepared the following information and sample documents not only to prepare you to qualify for employment practices liability insurance, but also to help you to better understand how these new laws may affect your business. Of course, whether you have an existing employee manual or are considering adopting one, you should seek competent legal advice to determine if your business is in substantial compliance with the new laws.
The information and sample forms provided are intended to be substantially consistent with certain state (Missouri) and federal laws prevailing at the time of their compilation and/or preparation. State laws may prescribe different information and procedures than that which is addressed in this section, and your individual employment circumstance will affect compliance and your needs. The information does not necessarily apply to situations involving employees governed by collective bargaining agreements or individual employment agreements.
Neale & Newman, LLP specifically reserves all copyright, proprietary, and ownership rights to the organization of the materials, and to all original materials, contained herein. Use of the same is prohibited without prior express written permission.
THE INFORMATION PRESENTED HEREIN IS NOT INTENDED AND SHALL NOT BE CONSIDERED EXHAUSTIVE OR RELIED UPON AS LEGAL ADVICE. IT IS BEING PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. BEFORE IMPLEMENTING ANY POLICIES, PROCEDURES OR FORMS, YOU SHOULD SEEK ADVICE FROM COMPETENT LEGAL COUNSEL.
For any questions as to particular considerations, please call Neale & Newman, LLP directly at 417-882-9090 and request to speak to the Managing Partner or any attorney practicing with the Employment Law section.
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