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EPLI Claim Examples

You're Fired!

A 62-year-old housekeeper alleged that a local hotel franchisee terminated her employment because of her age so she filed a charge with the Equal Employment Opportunity Commission (EEOC) under the Age Discrimination in Employment Act. According to the claimant, she was fired from her breakfast attendant position without notice and replaced with a 28-year-old employee. The hotel claimed that they fired her because of her multiple schedule conflicts, poor performance and insubordination. Despite the hotel’s documented position, the EEOC determined that the housekeeper was entitled to three years of wages in the amount of $52,000. Defense costs were $43,000.

Pea in the Pod
A motel was forced to layoff ten employees due to tough economic conditions. The motel claimed they were unaware that one of the affected employees was pregnant. The claimant sued the motel for $50,000, contending that she was targeted due to her pregnancy. The case settled in mediation for $42,000 plus defense costs.

Grocery Store
A female checker alleged her manager repeatedly sexually harassed her after her evening shifts. Although no one directly witnessed the alleged harassment, the manager in question had a history of inappropriate behavior alleged by other employees, which had been documented in his personnel file. This case settled for around $45,000 in addition to the $26,000 in defense costs.

A Lesson in EPLI
A large day care settled for $80,000 with a Non-Exempt Head Teacher for unpaid overtime and liquidated damages. The teacher was salaried and never complained about workload. Frequently, she was asked to come in early or stay late for conferences or staff meetings. Without having any knowledge of any wrongdoing, the owner was served with a wage-and-hour lawsuit from the head teacher who had been quietly tracking her hours worked. The center had no way of knowing whether her calculations were accurate and was advised by counsel to immediately settle for the requested amount or risk other current and former employees joining the suit.

EPLI Provides Protection Against Claims of:

  • Discrimination
  • Harassment
  • Retaliation
  • Wrongful termination
  • Employment-related misrepresentation
  • Negligent evaluation, training and supervision
  • Failure to enforce adequate policies
  • Wrongful discipline
  • Wrongful deprivation of career opportunity
  • Negligent violation of laws such as the Family Medical Leave Act (FMLA) and the Uniformed Services Employment and Re-employment Rights Act (USERRA)
  • Wage and hour claims

For more information, contact us at 713-515-5774 or complete our General Liability Quote Form.

Information provided by Chris Hoxie - Apogee Insurance Group.

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