EPLI Total Solutions
For law firms with current Employment Practices Liability Insurance (EPLI) or past losses, The Minnesota State Bar Association with Marsh Affinity Group Services offer "EPLI Total Solutions." As your insurance professional, we will present your law firm EPLI profile based on the information completed on the EPLI Application Request Form to our preferred provider.
Why is EPLI Needed ?
- Statistics show an employer is more likely to have an employment claim than a property or general liability claim.
- The average amount paid for out-of court settlement is $40,000.
- Defense of the average EPLI case, through trial, costs over $45,000.
- The median compensatory award in EPLI cases is $218,000.
- 67% of all employment cases that litigate result in a judgment for the plaintiff.
- Juries have doubled the awards for employment claims.
- 10% of awards in cases involving discrimination and wrongful termination are in excess of $1,000,000.
* Society of Human Resource Management -2002
What is Protected by EPLI?
Employment Practices Liability Insurance (EPLI) covers charges made by employees against an employer for the following:
- Wrongful termination - termination of employment in an illegal manner. Most states laws allow an employer to terminate an employee "at will", that is, without notice. There are exceptions however. Depending on the jurisdiction, the discharge may be considered wrongful if the employee can prove: breach of contract, either express or implied, violation of public policy or breach of an implied covenant of good faith and fair dealing.
- Discrimination - unfair treatment of a person, relative to others, so as to deprive that person of equal employment opportunities on the basis of race, color, sex, religion, national origin, disability or wage discrimination based on sex. The laws apply to all aspects of the employment process, from recruitment and selection, to promotion and termination.
- Defamation
- Failure to make partner- is a work place tort and is a violation of a person's civil rights under common law.
- Negligent supervision or hiring third party claims for discrimination
- Sexual harassment- unwanted sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where the employee's compliance with or refusal of the request must affect his or her job performance, or create a hostile work environment
- Various other forms of inappropriate employment conduct
Answers about the plan, including eligibility, options, enrollment, customer service and more.
Isn't this covered under a general liability policy?
With rare exceptions, claims resulting from the above types of offenses are not covered under general liability policies. First, the majority of these acts are not accidental, so they are not considered "occurrences". Also, the injuries they cause do not constitute "bodily injury" or "personal injury" as defined under most general liability forms.
Isn't this covered under my workers' compensation policy?
Workers' compensation policies specifically exclude coverage of employment practice issues. A sample exclusion from one policy states: damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, harassment, humiliation, discrimination, against or termination of employee, or personnel practices, policies, acts or omissions are excluded.
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Apply On-line "1st Time Buyer EPLI Program":
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Employment Practices Risk Management Association:
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MSBA Employment Practices Liability Insurance EPLI Total Solutions:
EPLI Total Solutions
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