Tristate Employment Practices Liability Attorney
Why Employers Need a Tristate Employment Practices Liability Attorney
Businesses with employment practices liability insurance may feel they are protected because they have that coverage. But EPLI does not cover all potential losses a business may suffer from a claim—losses such as criminal and civil fines and punitive damages are often excluded. Employment practices liability attorneys help businesses in WV, KY, and OH with risk management by analyzing existing business practices and written policies and by defending against employee claims.
Types of Employment Practices Liability Claims in WV, KY, and OH
Employers may be subject to a variety of claims by current or former employees or even job applicants. While some claims, such as those involving workers’ compensation, are covered by other insurance, the rest can open an employer up to liability in a variety areas, including the following:
- Discrimination claims (gender, age, disability, or other protected areas);
- Torts (such as defamation, invasion of privacy, intentional infliction of emotional distress);
- Sexual harassment;
- Breach of an employment contract;
- Violations of leave laws such as the Family Medical Leave Act (FMLA);
- Wrongful discipline or wrongful termination; or
- Negligent evaluation or promotion.
Other employment practices that may give rise to employee claims are drug testing, compensation inequities, negative employment references, and workplace health and safety issues. EPLI policies generally provide coverage for these types of claims but not necessarily for all of the potential losses that may result.
Federal and many states’ laws prohibit employment discrimination based on race, sex, age, disability, religion, national origin, and a variety of other factors. Since 2008, federal law also protects against discrimination based on an employee’s genetic information. Effective prevention and management of employment discrimination claims in WV, KY, and OH requires a thorough understanding of the relevant laws.
What an EPL Defense Attorney Can Do for You
An employment practices liability attorney helps employers with both risk management and defense of EPL claims. Qualified EPL attorneys in WV, KY, and OH combine savvy business experience, in-depth knowledge of employment law, and strategic litigation skills when advising and defending employer clients.
Employers are often familiar with federal and state laws governing employment discrimination and the potential liability from employee claims. But an experienced tristate employment practices liability attorney can provide insight into existing laws as well as a deep understanding of changes in laws. Relevant state civil rights laws in the tristate area include the following:
And nondiscrimination laws in WV, KY, and OH are found in an increasing number of communities.
For businesses in WV, KY, and OH, a tristate employment practices liability attorney can also help employers with risk management, providing advice on and assistance with written policies and practices to prevent and manage the handling of employment-related claims.
Typical Exclusions in Employment Practices Liability Insurance Policies
Employers who purchase EPLI have a layer of protection. But, like most insurance policies, EPLI policies have specific exclusions limiting coverage. Typical exclusions in EPL policies include the claims for the following:
- Bodily injury;
- Property damage;
- Intentional, dishonest, or criminal acts; and
- Violations of law including Occupational Safety and Health Act violations, workers’ compensation issues, claims arising out of the National Labor Relations Act, and Employee Retirement Income Security Act (ERISA) violations.
Employers benefit from the assistance of a tristate employment practices liability attorney to help navigate EPLI coverage and exclusions as well as provide a vigorous defense against claims.
Where to Find an EPL Defense Attorney in WV, KY, and OH
In the event of a claim against an employer, EPLI policies may provide that the insurer has the right to select defense counsel; other policies may allow the insured to select defense counsel subject to the insurer’s approval. Employers should be aware of the EPLI policy’s provision regarding choice of counsel. Whether or not your business has EPLI, you can benefit from consulting an experienced attorney on employment practices liability in WV, KY, and OH.
For more information on how a tristate employment practices liability attorney can help your business, contact Jenkins Fenstermaker, PLLC, in Huntington or Clarksburg, WV by calling (304) 523-2100 or (866) 617-4736 toll-free or by completing the firm’s online contact form.