is an area of litigation that promises to employ more attorneys
than even tobacco, asbestos or guns. It is among the hottest growth
prospects for the legal profession because it is extremely "discovery-intense,"
and it receives extraordinary media attention. Standard commercial
liability insurance generally does not provide coverage.
other things, employers may now be sued for:
of the Family & Medical Leave Act
of the Americans with Disabilities Act
on the basis of gender, age, religion or race
to properly administer employee benefit plans
any of countless E.E.O.C. regulations
(as usual) top of the list with the highest per-case average claim.
Average jury award exceeds $1 Million. Legislation now
requires employers to install sexual harassment training to supervisors.
No business is immune to this type of claim. Very small businesses
are in a sense even more vulnerable, because defending these types
of claims requires extensive record-keeping. If you choose not to
carry insurance, it is absolutely essential that you be able to
prove by way of written documents every aspect of your conduct as
an employer & demonstrate your compliance with regulations.
the number of lawsuits filed in this category grows at a frightening
rate, real jackpot collections are surprisingly rare, as reductions
on appeal are commonplace. Given the media fascination, baseless
and frivolous claims are widespread. Insurance carriers have come
to realize that with competent, specialized counsel, claims can
be defended efficiently and insurance offered profitably even to
small business. If you are faced with one of these claims,
the legal costs can be staggering. Insurance not only gets you protection
for the payment of judgments, but perhaps even more importantly
gets you competent legal counsel.
is available in separate "EPL" liability policies, which
vary greatly in scope, terms and deductible.