Attorney or Insurance Company

T

If I have an ee who makes an EEOC claim, and I receive a letter from them do I immediately contact an attorney or do I call my insurance company?

Thanks
-t

sonny

I always call the attorney first.

Parabeagle

Check to see if you have EPL insurance and, if so, follow the policy provisions. In most cases, they will require you to file the claim with the insurer first and they will refer to whatever law firm they have on retainer. The atty. will then get in touch with you.

LarryC

The way Beagle describes it is the way I've done it in the two lawsuits I was involved in. The insurance company has the final say in the end, so get them involved right away. You'll end up working in a three way partnership (insurance company, law firm, and you) over the next three to four years. It's quite an experience and when you finally win, it's very, very rewarding.

sonny

Interesting. We always check with our attorney first. Notify the insurance company then.

T

Well of course I did it backwards. It seems like when I met with the attorney she would have asked if I had insurance??? Maybe not?

However, I do have my insurance company involved now.

Thanks for the quick responses.

-T

marc

[font size="1" color="#FF0000"]LAST EDITED ON 11-19-04 AT 04:16PM (CST)[/font][br][br]I notify our atty first and then the insurance company. The atty notification is almost a courtesy call at this stage.

Keep in mind that as the case progresses, there is the chance that the companies best interests and the insurance companies may diverge. The insurance company is more likely to settle a case than the company. That means sometimes you must go your own way, even if the insurance company won't foot the bill in the meantime. Then after you win, you get to go after them for your legal fees. Great fun ----- NOT.

Shadowfax

If you are notifying both at about the same time, then probably no problem. Kepp in mind however that most insurance contracts require you to let the Co. know as soon as you know there may be a claim - otherwise they might be able to weasle out of coverage for your breach.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 11-22-04 AT 01:10PM (CST)[/font][br][br]The way you worded the question, it's not clear to me from whom you got a letter, the EEOC or the employee. First I'd open the letter and see what it's contents are. If it's from the employee, ignore it.

Your insurance company, through it's attorney, will not recontact you for several days, perhaps a week. Your own lawyer in the meantime may want a copy of the charge to review. You won't go wrong if you contact both.

And by the way 'T', if you have such an insurance policy, you are ( x:-) ) negligent in not knowing what the policy requires of you. We should always know what policies require of us, no matter what type of policy it is.