Simple steps for reducing E.P.L.I. claims

Child care and early education employees are expecting a more professional work environment than they have in the past.  When workers feel they are not being treated fairly, in some cases, they hire attorneys and file Employment Practices Liability claims against the center.  Below are the top tips to prevent an E.P.L.I. claim against your child care center.

Pay employees for hours worked

Fair pay for hours worked is crucial to prevent a large claim.  Oftentimes, if this type claim catches wind, you will have multiple employees joining in on the claim, and your business will ultimately spend more defending against this claim then what the employees should have been paid. 

  • Pay employees for all of their time training
  • Pay employees for overtime worked
    • You have a right to restrict your employees from working overtime
    • If an employee is on the clock and works overtime, they need to be properly paid

Maintain a comfortable work environment

Many child care centers will hire a few men to balance the traditionally female workforce at the center.  Sexual harassment complaints from both female and male employees must be taken seriously.

  • Never discount complaints about sexual harassment to prevent gender alienation 
  • All employee complaints must be:
    • Listened to
    • Investigated
    • Decided upon
    • Followed up on in a timely manner to assure the offensive behavior has stopped

Employment termination

As an employer, you will need to make the tough decision of employee termination at times.  If an employee is to be terminated, they should not be surprised about what is about to happen. 

  • Maintain a professional, employer/employee relationship
  • Follow progressive disciplinary policies and follow the policies disciplinary actions
  • Document all previous disciplinary actions, including meetings, to reduce claim potential

The information provided in this article is intended for general informational purposes only and should not be considered as all encompassing, or suitable for all situations, conditions, and environments. Please contact us or your attorney if you have any questions.

For safety or risk management questions or suggestions, please contact Markel.

Email us