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Whitepaper on Employment Practices Liability
Employment Practices Liability
An often overlooked type of insurance coverage that we recommend but that many fine dining restaurants fail to get is employment practices liability insurance, or EPLI. Unfortunately, claims based on workplace discrimination are on the increase throughout the United States, Canada and other countries. These claims can result from charges of wrongful termination, sexual harassment, discrimination, defamation of character, negligent evaluations, failure to promote qualified workers and invasions of privacy. The number of employment-related lawsuits have topped 100,000 cases in the United States for each of the past three years, according to the EEOC, and suits filed
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Employment-Related Lawsuits
Employment-related lawsuits can generate enormous costs to defend the cases in court and pay any judgment or settlement. Employment-related lawsuits usually involve claims of discrimination in hiring and promoting practices, creating an unsafe workplace by allowing verbal or physical abuse and failing to address unsafe working conditions. Sexual harassment, gender discrimination and wage discrimination are just a few of the possibilities. These cases--when upheld in court--often result in large judgments and settlements that most restaurants can’t
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Even restaurants with the safest employment practices are vulnerable to fraudulent charges and occasional lapses in judgment by staff members and managers. Litigation standards have become so soft that almost any disciplinary action could be viewed as retaliation. The money spent on investigations and attorney fees--not to mention possible negative publicity and losses of income--could prove burdensome or result in fine dining establishments closing their doors. Lapses can result from temporary fits of temper. One recent case alleged that national chain fired a server because she changed her hairstyle. The server settled the case for $250,000.
Management keeps Ehrenreich and other employees under surveillance. They monitor the behaviors of the employees for any signs of theft, drug use, sluggishness, or anything that might be concerned worse. The managers and assistant managers are what some employees’ think are “class enemy”. Most of the management is former cooks or clerks that have crossed over to the other side. Ehrenreich views those former cooks that as “corporate as opposed to human”. Assistant manager are paid only about $400 a week and follow the directions of a corporation that exists far away from the actually location of the restaurant. Management only job is to ensure that money is being made and to not cut the employees any slack. “You give and you give and they take”, Gail another employee informs Ehrenreich. Gail vows to never work in management again for this reason.
In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of ambiguous language that could allow them to get sued or sue. Consequently, a slew of wrongful termination lawsuits followed this one, which is why it is now important for employers to draft their manuals with experienced legal staff. Even with the best legal team and the perfect wording there is still no definite assurance that an employer will be completely protected from such lawsuits, but taking these preventive measures helps in the long run.
"Prohibited Employment Policies/Practices." Prohibited Practices. The U.S. Equal Employment Opportunity Commission. 30 Mar. 2014 .
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
The restaurants where I worked had owners who were very protective of their staff, treating them like family. I have witnessed instances where a guest has been extremely rude to an employee and they have been asked to leave and not come back. While Polk’s client waited until the waitress was out of earshot, many are not as careful with their words. I have been fortunate enough that the men that I work with refrain from using the degrading language described in the article, at least to my knowledge. I have not been so fortunate with guests at the restaurant. A specific incident I witnessed occurred when, after one of the waitress left a table asking if they needed anything else a male guest said to his companions that he “needs a good fuck from her.” The guest’s friends were all very amused by his comments and a few of them agreed with his comment. This particular guest was a regular at the restaurant and he had a reputation for being rude and creepy. None of the waitresses wanted to wait on him because of the way that he looked at them. This guest was asked by one of the managers, who also overheard the comment that I had heard, to leave and not return to the restaurant. I later found out from the manager that it was not the first time that he had overheard that particular guest making rude comments about members
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
The restaurant business is a challenging industry and if a company has a strategy that works for them as well as their employees, it should stay the course and tweak as needed.
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
Schipani, C. (2013). Class Action Litigation After Dukes: In Search of a Remedy for Gender Discrimination in Employment. University of Michigan Journal of Law Reform, 46(4), 1249-1277.
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
Part 2 of Employer Duties and Rights- management rights, subcontracting, just-cause discipline and discharge, and safety standards.