Employment Practices Liability

Peters and Nye’s unparalleled expertise provides stewardship in this growing area of uncertainty

Employment practices liability is an ever-increasing area of concern for employers and insurers alike. The increasing emergence of employee-friendly court decisions, expansive statutes and regulations, as well as costly litigation trends, have created a level of uncertainty for many in connection with the evaluation and handling of EPL claims over the past several years.

For more than two decades, the attorneys at Peters & Nye have represented both domestic and international insurers in the resolution of EPL claims, including high-profile class actions, individual lawsuits, and administrative claims. These cases involve discrimination pertaining to race, gender, disability, age, national origin, and equal pay; constructive and retaliatory discharge; harassment in the workplace; wage-and-hour violation claims under state and federal law; whistleblower actions; wrongful termination or treatment, Family Medical Leave Act  claims, invasion of privacy, erroneous job description, and third-party claims.

Broad based exposure to a wide range of claims allows evaluation and resolution in cost effective manner

Our attorneys identify and successfully argue key policy terms, provisions, and conditions, including duty to defend, late notice, covered and uncovered loss, interrelated wrongful acts/claims, prior acts/notice, mixed claims, cooperation, consent, and misrepresentation. We also successfully pursue key policy exclusions, such as Fair Labor Standards Act or similar statutes, known loss, bodily injury, worker’s compensation, the cost of certain accommodations, benefits, contractually assumed obligations, severance issues, nonpecuniary relief, punitive damages, and work reduction related-claims. Peters & Nye also conducts extensive, cost-saving defense cost audits, utilizing analytical tools developed and fine-tuned over the past twenty-years, including claim-specific databases.

Through in-depth and diverse experience, our attorneys have developed keen insight into the exposure and liability inherent in all types of EPL cases, as well as expertise in employment administrative agency procedures. This knowledge provides Peters & Nye with the unique ability to efficiently evaluate, monitor, and resolve EPL claims in a cost-effective manner.  We also utilize our experience and knowledge to quickly provide clients with accurate reserve analysis and successful strategies with respect to claims handling and case resolution, including, when necessary, mediation, arbitration or civil litigation. Our attorneys also work closely with clients to guarantee all client guidelines and expectations are always professionally achieved.

The attorneys at Peters & Nye actively participate in industry forums and maintain professional working relationships with key attorneys, mediators, and experts within the EPL legal arena. Our attorneys also lead the insurance industry with timely and critical analysis of intervening case law and pivotal changes in EPL-related regulations and insurance law.