More than any other aspect of the employment relationship, the discharge of an employee has the potential to result in litigation. EPLI policies cover claims by former employees alleging that he or she was wrongfully terminated. Some policies also cover claims of "constructive discharge" by employees who claim that they could no longer tolerate the work environment and were compelled to resign or retire.Discrimination Claims:
Policies can also cover claims by current, former or prospective employees who charge that they were the victim of employment-related discrimination on the basis of any federal, state or local law that prohibits discrimination by employers on the basis of:
The definition of discrimination can include any future changes in those laws such that any additional categories of discrimination against employees will be included within the coverage afforded by a policy. Claims by employees who charge that they were discriminated against for exercising their rights under worker's compensation, COBRA or other similar laws, can also be covered.Sexual Harassment:
Coverage for sexual harassment claims against your company, including claims against supervisors and fellow employees, can be included. In addition, the policy can cover all categories of sexual harassment as currently defined by the Equal Employment Opportunity Commission.Whistleblower Claims:
Policies can also cover claims by employees who charge that they were the subject of an adverse employment decision solely because they disclosed an unfair or illegal practice by the employer. This is one of the few policies to specifically cover whistleblower claims. Sometimes these matters are referred to as "Section 132".Wage & Hour Claims:
The FLSA sets the minimum wage and maximum hour/overtime requirements. The Wage and Hour Division of the Department of Labor manages the administration of the FLSA. FSLA actions are frequently NOT covered without specific EPLI insurance policies.Other Employment-Related Claims:
Other additional causes of action which are alleged in employment litigation, such as libel, slander, or other defamation, invasion of privacy, mental anguish, infliction of emotional distress, loss of consortium, assault, battery, breach of contract, negligent hiring, supervision, promotion or retention in connection with any other employment-related claim, can often be covered.