by Juliane Rees | Aug 3, 2023 | Industry News
Just as important as professional liability coverage, EPLI protects a business against rising claims of discrimination, harassment, retaliation and wrongful termination.
By Ben Young, Christie Vu and Gregory Boornazian
An employer can do everything right and still be served an Equal Employment Opportunity Commission (EEOC) notice.
Alleged discrimination charges under Title VII of the Civil Rights Act of 1964 accounted for 61% of the EEOC cases filed in 2021.[1] Employment Practices Liability Insurance (EPLI) helps protect against liability from false allegations just as much as accurate ones. Claims that aren’t legitimate or don’t hold up in court still cost business owners real money to defend.
EPLI is a business’s main protection against claims of discrimination, harassment, retaliation and wrongful termination, and with such claims on the rise, it is just as important as professional liability coverage. Broad form EPLI will cover a business for defense costs, indemnity and third-party claims. Added benefits often include “duty to defend” language and 100% defense cost allocation.
Smaller businesses often argue that their staff is one big happy family, but the reality is this is simply not true. Employees have certain expectations of their employers, and even long-term, reliable employees can seize an opportunity for personal gain.
Knowing and complying with employment laws is a business owner’s first defense against certain fines and penalties. When mistakes are made, employers can rely on strong legal counsel, but ignored and unreported errors will only escalate matters over time.
Consider the following real claims scenario:
An employer in the Midwest was summoned by the U.S. Department of Labor for Fair Labor Standards Act violations due to a timekeeping discrepancy and a misunderstanding of U.S. overtime policies by the company’s management. Engaging the injured parties, paired with the fast action and cooperation of their legal team, saved the employer from a criminal investigation and punitive fines. The employer paid the owed back wages, but without proper insurance provided by a reliable company with an experienced claims team, the consequences of their mistake could have been a lot worse!
Business owners have a lot on their plates and managing an EEOC claim can be a stressful and costly expense. Utilizing EPL coverage through a highly rated carrier is an efficient risk transfer for this exposure. Engaging expertise, particularly in the event of frivolous allegations, can save a business valuable time and money.
For more insight on today’s changing employment landscape, check out Protector Plans’ eBook.
[1] Seyfarth “EEOC-Initiation Litigation,” 2023.
This information is intended for informational purposes only. Protector Plans Executive Liability is not liable for any loss or damage arising out of or in connection with the use of this information.
by Juliane Rees | Jul 27, 2023 | Industry News, Press Release
The Professional Protector Plan® for Dentists (PPP) announced today the launch of its newly designed brand and website at http://www.protectorplan.com. The PPP provides dental malpractice insurance, including professional liability, general liability, property coverage, employment practices and a comprehensive risk management program for dentists in all career stages.The new website is more accessible and modernized, making it easy for dentists to find the information they need.
“Our website is designed to be more contemporary and user-friendly, with an improved site navigation for our guests,” said Mike Wensel, V.P. Program Leader of the Professional Protector Plan for Dentists. “We want our dentists to have a positive experience when visiting our site, as illustrated by the enhanced brand design that better represents our company’s values. We are also excited to share our new PPP Pillars of Strength – Prevention, Protection and Peace of Mind.”
Some new pages on the website include a “Who You Are” page where dentists can easily navigate product offerings by the type of practitioner, as well as a “Who We Are” page that introduces PPP’s program leader, Mike Wensel, and state and national advisory board members. The Risk Management page also provides a robust selection of resources for insureds to become a “Proactive Practice,” with information about continuing education courses, articles, and sample letters and forms.
The PPP’s new website will be regularly updated with news and insights, articles, new product offerings and risk management resources. Visitors are encouraged to explore the website, receive a quote and find an agent at protectorplan.com. They can also visit the PPP’s social media channels for more updates—PPP can be found on Facebook, Instagram, LinkedIn, Twitter and YouTube.
About Professional Protector Plan for Dentists®
Through its network of specialized agents, the PPP has been serving dentists nationwide since 1969. This comprehensive insurance program was developed specifically for the dental practice. The plan is offered in all 50 states plus the District of Columbia, Puerto Rico and the Virgin Islands. The Professional Protector Plan for Dentists® is a division of Protector Plans, a wholly owned subsidiary of Brown & Brown, Inc. For more information on the insurance products for dentists and risk management services the PPP has to offer, please visit protectorplan.com.
About Brown & Brown, Inc.
Brown & Brown, Inc. (NYSE: BRO) is a leading insurance brokerage firm, delivering risk management solutions to individuals and businesses since 1939. With 15,000+ teammates in 500+ locations worldwide, we are committed to providing innovative strategies to help protect what our customers value most. For more information or to find an office near you, please visit bbinsurance.com.
Click here for the full press release.
This information is intended for informational purposes only. Professional Protector Plan for Dentists is not liable for any loss or damage arising out of or in connection with the use of this information.
by Juliane Rees | Jul 26, 2023 | Industry News
Documentation, level-headedness, focus and consistency are important aspects of a smooth firing process.
By Ben Young, Christie Vu and Gregory Boornazian
“Everyone knew that person wasn’t doing their job,” doesn’t stand up in court. What if the manager that initiated a termination is no longer with the company when a discrimination claim is made and there’s scarce documentation?
If it wasn’t documented, did it even happen?
Best intentions count for very little when there isn’t any proof to back up an employment termination decision. It doesn’t matter the size of the organization or the number of people who can provide testimony. There is ample room for dispute when it’s all hearsay. Even in today’s digital world, where an employee can be captured on screen being rude to customers, a company would struggle to justify such a termination without the proper misconduct documentation.
Trying to gather documentation after the fact is one of the hardest ways to defend a discrimination charge. If the documentation does not exist, it cannot retroactively be created.
Here are four best practices for employers to build a consistent firing process:
- Always submit something. Ideally, there is a designated form for firing managers to fill out. In circumstances where this form is unavailable or time does not permit, the firing manager should send a timestamped email or text message to the HR department to be included in the personnel files. In this case, function is more important than form, but ideally, employers should establish systems that support by-the-book employment practices.
- Cool down before documenting. Emotions should not play a role in the firing process. A clear head and cool temperament are preferred when documenting an employment incident, because plaintiffs’ attorneys can spin emotion into proof of bias.
- Focus on the specific performance issue. This is why written communication of the job expectations during the hiring process is so important. There should be no room for surprises. If an employee continues to not meet performance expectations, there is cause for termination. However, if either the expectations or the performance issues go undocumented, there is an open door to dispute the dismissal.
- Be consistent in the review process. If one employee receives more leniency, it could appear as favoritism and unfair employment practices. A good rule of thumb is that there is no such thing as overcommunication. The review process should tell a consistent story about the individual employee as well as the importance of employee performance across the organization. “They weren’t a good fit,” is not a legally appropriate cause for termination.
By following these four best practices, employers can ensure the firing process is a smooth and streamlined event. They will also be better protected against wrongful termination claims.
For more insight on today’s changing employment landscape, check out our eBook: Navigating the Complicated World of Hiring, Firing, & Retaining in 2023
This information is intended for informational purposes only. Protector Plans Executive Liability is not liable for any loss or damage arising out of or in connection with the use of this information.
by Juliane Rees | Jul 20, 2023 | Industry News, Press Release
Wedding Protector Plan® has launched new travel protection coverage for honeymoons and destination weddings. The plan is now available through its partner, Travel Insured International (TII) – a leading travel insurance provider and a Crum & Forster Company.
Couples looking to help protect their honeymoon travel plans, and guests traveling to destination weddings now have a robust travel protection solution. The plan has a wide range of benefits including optional Cancel for Any Reason coverage which provides covered travelers reimbursement of up to 75 percent of their insured trip cost for cancelations.
The plan’s Travel Assistance non-insurance feature includes medical or legal referral, hospital admission guarantee, lost baggage retrieval, emergency cash advance, prescription drug/eyeglass replacement, and more. In addition, Identity Theft Resolution Services help restore an insured’s identity in case of identity theft during covered travel.
“With worldwide travel on the rise, couples are again planning honeymoons around the globe. Since honeymoon travel coverage is limited under wedding insurance policies, we believed additional options were needed to allow couples to more fully insure their travel plans,” states Meagan Phillips, vice president, program leader of Wedding Protector Plan®.
Travel Insured International has offered quality worldwide travel protection and an array of travel protection benefits for nearly three decades. Partnering with hundreds of travel agencies large and small, TII helps them to offer their travelers extensive travel protection plans, including Wedding Protector Plan’s® honeymoon and wedding destination coverage.
“Unexpected events can occur during a honeymoon or destination wedding, which is why the Worldwide Trip Protector Plan not only provides robust coverage for travelers, but also includes 24/7 non-insurance assistance services worldwide,” DeAnne Petritz, AVP, Account Management & Trade Relations at Travel Insured International. “With the Worldwide Trip Protector Plan, travelers can go away knowing that they have coverage and support when they need it most.”
Hotlines have been established in cases of an emergency for travelers covered under the Wedding Protector Plan. They can call toll-free 800-494-9907 (from the US) or call collect at 603-328-1707 (from all other locations) for assistance.
Worldwide Trip Protector Plan coverage is available to citizens or residents of the United States who have booked and paid for their trip. For more information on the Wedding Protector Plan®, visit https://www.protectmywedding.com/travel-protection/. To get a quote from Travel Insured International, call 1-855-752-8303 to speak with a licensed agent or get a quote online.
About Wedding Protector Plan®
Wedding Protector Plan® provides cancellation/postponement wedding insurance coverage for many problems, such as severe weather causing wedding cancellation or postponement, transportation shutdowns, lost deposits and other headaches that can ruin the anticipated celebration. Consumers also have the option to add private event liability with no deductible as an endorsement to their special event insurance policy.
Wedding Protector Plan® is a division of Protector Plans Inc., a wholly owned subsidiary of Brown & Brown, Inc.
Brown & Brown, Inc. (NYSE: BRO) is a leading insurance brokerage firm, delivering risk management solutions to individuals and businesses since 1939. With more than 14,500 teammates in 450+ locations worldwide, we are committed to providing innovative strategies to help protect what our customers value most. For more information or to find an office near you, please visit www.bbinsurance.com.
About Travel Insured International (TII)
Founded in 1994, Travel Insured International (TII) is one of the leading travel insurance providers, offering quality worldwide travel protection for over 25 years. Located in Glastonbury, Connecticut USA, the company offers an array of travel protection benefits including Emergency Assistance and Evacuation, Trip Cancellation and Trip Interruption Protection, Medical Expense Insurance, Baggage Insurance, Airline Ticket Protection, and more.
Travel Insured maintains relationships with specialty travel providers and tour operators, as well as provides 24/7 insurance assistance that allows you to travel relaxed, travel secure, and travel insured.
For further information visit: https://www.travelinsured.com/.
Press Release: Wedding Protector Plan Provides Robust Travel Protection for Honeymoons and Destination Weddings (prweb.com)
[20230626-2950280]
by Juliane Rees | Jul 19, 2023 | Industry News
Consistency, accuracy, documentation and follow-up are the essential aspects of a successful hiring event.
By Ben Young, Christie Vu and Gregory Boornazian
The foundation of a strong hiring process is consistency. Not only can it save time and make it easier to assess candidates, it can facilitate fair hiring and support the organization against any future job qualification or expectation disputes.
The backbone to a consistent hiring process is documentation. This includes notes on promised benefits, signing offers and any red flags with each candidate. If all communication, references and assessments are documented, employers can make sure each candidate receives the same information, is evaluated on the same criteria, and understands the expectations of the role.
Here are four best practices to building a consistent and well-documented hiring process:
- Start with an accurate job description.
If the job requires the worker to lift 100 pounds but it wasn’t listed in the job description, the employer may not be able to lawfully fire them once hired for not meeting that expectation. On the other hand, it is possible to disqualify an applicant who does not meet a qualification that is stated in the job description, as long as the employer can justify that requirement.
- Stay neutral in documentation and reporting.
Hiring decisions cannot be based on emotions because personal opinions are risky for employment practice liability. When documenting an applicant’s experience and interview performance, it is important to stick to the facts. Note both the positive and negative aspects of each candidate in relation to the job qualifications.
- Formalize the offer process.
A great way to do this is with a hiring letter that records the terms of employment. This letter should be consistent across positions within the office, including the same data points such as pay, sign-on bonuses, benefits, performance review schedule, and all other key terms decided upon hiring.
- Follow up with each applicant.
It’s a good practice to reach out to each applicant, even to notify them that they were not chosen to move forward in the process so they’re not left waiting and wondering. Stay generic and consistent. There is no need to explain the reasons why they did not qualify.
By following these four best practices, employers can ensure their hiring process is a smooth and streamlined event.
For more insight on today’s changing employment landscape, check out our eBook: Navigating the Complicated World of Hiring, Firing, & Retaining in 2023.
This information is intended for informational purposes only. Protector Plans Executive Liability is not liable for any loss or damage arising out of or in connection with the use of this information.
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