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EPLI
covers businesses against claims by workers that their legal rights as
employees of the company have been violated.
The number of lawsuits filed by employees against their employers has
been rising. While most suits are filed against large corporations, no
company is immune to such lawsuits. Recognizing that smaller companies
now need this kind of protection, some insurers provide this coverage as
an endorsement to their Businessowners Policy (BOP). An endorsement
changes the terms and conditions of the policy. Other companies offer
EPLI as a stand-alone coverage.
EPLI provides protection against many kinds of employee lawsuits,
including claims of:
- Sexual harassment
- Discrimination
- Wrongful termination
- Breach of employment contract
- Negligent evaluation
- Failure to employ or promote
- Wrongful discipline
- Deprivation of career opportunity
- Wrongful infliction of emotional distress
- Mismanagement of employee benefit plans
The cost of EPLI coverage depends on your type of business, the number
of employees you have and various risk factors such as whether your
company has been sued over employment practices in the past. The
policies will reimburse your company against the costs of defending a
lawsuit in court and for judgments and settlements. The policy covers
legal costs, whether your company wins or loses the suit. Policies also
typically do not pay for punitive damages or civil or criminal fines.
Liabilities covered by other insurance policies such as workers
compensation are excluded from EPLI policies.
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.
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