EPLI claim examples

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EPLI claim examples

NEW Pregnancy Discrimination

SITUATION: An employee who returned from maternity leave felt ill and had to go home after seeing the company nurse. She alleges that her employment was wrongfully terminated based on her disability in that she needed more time off to deal with complications from her pregnancy. Even though the claimant provided a doctor’s note for the missing days, as was requested by the company, she was fired anyway.

	OUTCOME: Settlement and defense approached $500k

Disability Discrimination

SITUATION:A manager filed a lawsuit against his employer alleging that his employment was wrongfully terminated based on disability discrimination. The evidence indicated that the company did not appropriately engage in the interactive process to reasonably accommodate the plaintiff, but instead fired him while he was out on medical leave. In addition, while the plaintiff was still an employee on medical leave, the company failed to mention him in the application process for a new health care plan which required the disclosure of any employee currently out on disability.

	OUTCOME:Total settlement and defense exceeded $600k.

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Sexual Assault

SITUATION:A warehouse worker alleged that she was sexually harassed and assaulted by three successive supervisors. The first supervisor allegedly required her to submit to sexual conduct with him during work hours. When she complained to management, the company fired the supervisor and had her report to the perpetrator’s brother. This new supervisor blamed her for his brother’s termination and sexually assaulted her. Claimant filed criminal charges against the brother who later fled the country. She then was assigned to a third supervisor who allegedly blamed her for the first supervisor’s termination and so treated her poorly.

	OUTCOME: Settlement and defense exceeded $2.5 million.

Sale of Assets & Bankruptcy

SITUATION: A competitor who successfully bid for the assets of a bankrupt company and the bankruptcy trustee both allege breach of fiduciary duty and fraudulent transfer by certain directors and officers in that they used company funds to purchase personal real estate, paid well above market rates for office space in a building owned by D&Os, and improperly transferred other assets out of the company including its intellectual property which they then used to start up a similar venture.

	OUTCOME: Settlement and defense approached $750K.[

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EPLI claim examples

NEW Pregnancy Discrimination

Disability Discrimination

Sexual Assault

Sale of Assets & Bankruptcy

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