Office of Risk Management Annual Conference EMPLOYMENT LIABILITY WHAT THE AGENCY NEEDS TO KNOW.

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Presentation transcript:

Office of Risk Management Annual Conference EMPLOYMENT LIABILITY WHAT THE AGENCY NEEDS TO KNOW

Office of Risk Management Annual Conference EMPLOYMENT LIABILITY CLAIMS KATHLEEN GASSER, CLAIMS MANAGER JIMMY MEAUX, CLAIMS SUPERVISOR

Office of Risk Management Annual Conference GENERAL LIABILITY TEAM  JIMMY MEAUX, SUPERVISOR  TOM BLUFF  PENNY BUCHANAN  LYNDA COLOMB  BERTHA MEISNER  BYNIE WELLS  MARION WILLETT  LEAH WEBER  ROBERTO REYES  DANA GREMILLION

Office of Risk Management Annual Conference WHEN AN EMPLOYEE SUES YOU  HARASSMENT  DISCRIMINATION  WRONGFUL TERMINATION  FAILURE TO HIRE OR PROMOTE  RETALIATION

Office of Risk Management Annual Conference EMPLOYMENT LIABILITY  OFFICE OF RISK MANAGEMENT DEFENDS AND INDEMNIFIES STATE EMPLOYEES AGAINST TORT ALLEGATIONS OF LIABILITY.

Office of Risk Management Annual Conference LOUISIANA GOVENMENTAL CLAIMS ACT  R.S. 13:5101 et seq.  ARISING OUT OF THE DISCHARGE OF HIS OFFICIAL DUTIES OR WITHIN THE COURSE AND SCOPE OF HIS EMPLOYMENT

Office of Risk Management Annual Conference EMPLOYEE COVERAGE R.S.13:  INDEMNIFICATION OF STATE EMPLOYEES  ORM IS THE INSURER  STATE EMPLOYEE OR AGENCY IS THE INSURED  DEPARTMENT OF JUSTICE PROVIDES DEFENSE

Office of Risk Management Annual Conference WHAT TO DO FIRST  EACH NAMED DEFENDANT SHOULD FORWARD THE SUIT TO THE ATTORNEY GENERAL  WRITTEN REQUEST FOR DEFENSE AND INDEMNIFICATION ACCORDING TO R.S. 13:  FORWARD A COPY OF THE SUIT TO

Office of Risk Management Annual Conference WHAT WE DO  EACH LAWSUIT IS EVALUATED FOR COVERAGE  ORM WILL REQUEST ASSIGNMENT OF AN ATTORNEY  AN ADJUSTER WILL BE APPOINTED TO MANAGE THE CLAIM  ORM WILL ADJUDICATE THE CLAIM

Office of Risk Management Annual Conference YOUR ATTORNEY WILL NEED  COPY OF EEOC FILE  EMPLOYMENT DATES OF SERVICE  SALARY  BENEFITS

Office of Risk Management Annual Conference WHAT WE COVER  ORM WILL PAY FOR THE COSTS OF DEFENSE  ATTORNEY FEES  COURT COSTS  EXPERTS  WITNESS FEES  GENERAL DAMAGES

Office of Risk Management Annual Conference AGENCY MUST COVER  BACK WAGES  BENEFITS  FOR EMPLOYMENT LIABILITY CLAIMS

Office of Risk Management Annual Conference ORM WEBSITE  INFORMATION REGARDING CLAIMS  REPORTING INSTRUCTIONS  LOCATIONS CODES  INSURANCE NOTICES 

Office of Risk Management Annual Conference CIVIL RIGHTS CLAIMS  PENDING: 658  RECEIVED FY10: 211  CLOSED FY10: 373  CLOSED NO SETTLEMENT 323