Tag: lawsuit

Jan
29
2018

#MeToo Movement to Spawn Wave of Sexual Harassment Lawsuits

by CoreMark Insurance Services | posted in Blog

After revelations of sexual misconduct by a number of high-power executives, media personalities and politicians last year spawned the #MeToo movement, defense lawyers are predicting a record number of sexual harassment lawsuits will be filed against employers in the coming year. The #MeToo movement has emboldened women who have been sexually harassed, abused or worse by a work superior or co-worker to come out and tell their stories. Any employer whose workers were subjected to this kind of behavior is at risk of being sued, regardless of whether or not the employer knew about the incident. The costs of sexual…
Read More

Oct
06
2017

Employees Driving Their Own Vehicles on the Job Are Your Liability

by CoreMark Insurance Services | posted in Blog

Many business owners don’t think twice when asking a worker to run to the office supply store, to the bank or run another errand for the company while on the clock. But as soon as that employee enters their personal vehicle on a trip for your business, you automatically become vicariously liable for their actions. Think it’s not a big deal? There have been cases when employers have been found liable and ordered to pay up to $25 million for crashes involving employees using their cell phones while driving, according to the National Safety Council. That means if your employee…
Read More

Oct
02
2017

Sexual Harassment Lawsuits: How to Protect Your Company

by CoreMark Insurance Services | posted in Uncategorized

By now, employers should all realize and understand that sexual harassment is illegal. However, what they might not be aware of are two 20-year-old rulings by the U.S. Supreme Court that: • Expanded what is termed sexual harassment; • Expanded the responsibility that employers have to provide a work environment that’s non-hostile; and • Did away with harassed employees having to prove that their company holds some responsibility or that their career suffered from lack of promotion, firing, demotion, or other such action. Employers are now directly responsible for employee behavior, thereby giving harassed workers more recourse in bringing about…
Read More

Sep
11
2017

Is Your Firm Protected for Libel and Slander under Your Business Policy?

by CoreMark Insurance Services | posted in Blog

What would you do if your business got SLAPPed? SLAPP stands for “strategic lawsuit against public participation.” A business that gets SLAPPed has been sued for speaking out against or about a person or entity. In these actions, the plaintiff accuses a person or business of harming them by speaking out publicly with malicious intent. For example, small businesses in a village may protest plans to build a huge shopping mall nearby and in the process spread a false rumor about the developers. The owners of the proposed mall might sue them for alleged defamation – libel (written statements) or…
Read More

Aug
21
2017

ADA Access Demand Letters Rear Their Ugly Heads

by CoreMark Insurance Services | posted in Blog

Despite the fact that a law was enacted in 2013 to curtail “drive-by” Americans with Disabilities Act access lawsuits, the practice has been revived by crafty plaintiff attorneys. According to recent news reports, employers still receive letters from lawyers who demand payment on behalf of disabled clients in exchange for not suing the establishment for violating ADA access rules. The lawyers are banking on the business owners not knowing a law that took effect in 2013 that bars attorneys from making monetary demands in initial letters complaining about a possible ADA violation. If you have a business that deals with…
Read More

Aug
11
2017

Your Liability Every Time Someone Enters Your Facility

by CoreMark Insurance Services | posted in Blog

One sure-fire way for a business to get sued is if a visitor – a customer, vendor or anyone else – injures themselves while on your premises. While you may already do all you can to keep employees and customers safe, you are likely still exposed to being sued if someone injures themselves in one of your facilities. Alhough the most common situation that comes to mind is the slip and fall accident, your liability for injuries sustained on your property extends far beyond such injuries. What you need to know It doesn’t matter if you own your building or…
Read More

Aug
02
2017

’Surf-by’ ADA Lawsuits Could be Next Legal Trap for Businesses

by CoreMark | posted in Blog, Newsletter

No doubt you’ve heard of the “drive-by” Americans with Disabilities Act lawsuits that are filed by plaintiffs who see ADA violations at businesses (like entrances that are inaccessible by wheelchair) just by driving by the location. Now, recent court decisions could pave the way for a new class of ADA claims where disabled individuals have trouble navigating a company’s website – call them “surf-by” claims. Courts recently ruled in favor of plaintiffs who have sued retailers – in two separate lawsuits – claiming violations of Title III of the ADA by having websites that could not be used by disabled…
Read More

May
12
2017

Court Decision Shows Extent of Employer Liability for Traveling Employees

by CoreMark | posted in Blog

The employer of a worker who causes damage during their off hours on a business trip may be held liable for them acting “in the scope of their employment,” according to a federal court decision. The ruling will allow the case to go forward after the court declined to uphold the employer’s motion to dismiss it as a defendant in the lawsuit after its employee had caused $147,000 in damage to a hotel room while on a business trip. The employee fell asleep while frying egg rolls on the stovetop in his room, after which a fire broke out. The…
Read More

Apr
26
2017

Employee Texting Blows Holes in Your Company Communications Policy

by CoreMark | posted in Blog

If you are not aware, your employees are most likely communicating with each other and clients using texting or instant messaging. While the immediacy of texting and instant messaging is great for business as it allows faster communications, better collaboration and more responsiveness, the downside is that your organization likely can’t track and retrieve those communications. It becomes even harder if the communications are via instant messaging apps like Whatsapp! and Facebook’s Messenger. As an employer, it’s important that you understand the issue and that you have clear rules for communications among employees in order to protect your company’s interests….
Read More

Mar
10
2017

Why You Can’t Afford to Not Have Professional Liability Insurance

by CoreMark | posted in Blog

At some point, most businesses are involved in some type of legal dispute, be it over an alleged physical or property damage to a third party or financial injury to a competitor, client or vendor. And you’d surely want an insurance backstop in case you are targeted, to help pay for legal costs and any settlements or judgments. The type of liability that your business is going to face will depend on the type of work that you do. If you’re in a service trade, the chances of your work causing someone physical damage or harm are remote, but you…
Read More