Meet the Expert
Founder and President, Dan Beebe Group
- 30-year career in athletics as Commissioner of the Big 12 and Ohio Valley Conferences and as an NCAA Director of Enforcement.
- Involved in investigations of some of the most prominent college sport infractions cases in NCAA history, including those at SMU, Oklahoma, Maryland, Kansas, Ole Miss, Houston and University of Nevada, Las Vegas.
- Managed playoff and bowl post-season football formats, negotiating major television and bowl game deals.
- As an offensive lineman, Beebe was a four-year starter and served as captain of the varsity football teams at Walla Walla (Wash.) Community College and Cal Poly-Pomona.
Session Packages from $500
Your Expert Package Includes:
- All 7 Best Practices
- Pre-Call Discovery Process
- One-on-One Call with Expert
- Session Summary Report
- Post-Session Engagement
- Constructive discharge
- Constructive discharge is generally when working conditions are so intolerable as to amount to a firing, despite a lack of a formal termination notice. Unemployment benefits are typically unavailable when an employee quits, but may still be available to a former employee when a constructive discharge can be proven.
- The law forbids retaliation when it comes to any aspect of discrimination in employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
- EPL (Employment Practice Liability)
- A type of liability insurance covering wrongful acts arising from the employment process. The most frequent types of claims covered under such policies include: wrongful termination, discrimination, sexual harassment, and retaliation. In addition, the policies cover claims from a variety of other types of inappropriate workplace conduct, including (but not limited to) employment-related: defamation, invasion of privacy, failure to promote, deprivation of a career opportunity, and negligent evaluation. The policies cover directors and officers, management personnel, and employees as insureds. The most common exclusions are for bodily injury (BI), property damage (PD), and intentional/dishonest acts. EPLI policies are written on a claims-made basis. The forms contain "shrinking limits" provisions, meaning that insurer payment of defense costs—which are often a substantial part of a claim—reduce the policy's limits. This approach contrasts with commercial general liability (CGL) policies, in which defense is covered in addition to policy limits. Although EPLI is available as a stand-alone coverage, it is also frequently sold as part of a management liability package policy. In addition to providing directors and officers (D&O) and fiduciary liability insurance, management liability package policies afford the option to cover employment practices liability (EPL).
Source: International Risk Management Institute, IRMI
- Failure to promote
- An employment action that results in a significant change in employment status may be actionable. For example, significantly changing an individual’s duties in his or her existing job constitutes a tangible employment action regardless of whether the individual retains the same salary and benefits. Similarly, altering an individual’s duties in a way that blocks his or her opportunity for promotion or salary increases also constitutes an actionable employment action.
Source: U.S. Equal Employment Opportunity Commission
- Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Source: U.S. Equal Employment Opportunity Commission
- Retaliation can include firing, demotion, harassment or any kind of punitive action against people (applicants or employees) who allege workplace misconduct.
- The disclosure by a person, usually an employee in a government agency or private enterprise, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing. Whistleblowing statutes protect from discharge or discrimination an employee who has initiated an investigation of an employer's activities.
- Wrongful demotion
- Employees cannot be demoted because of race, gender, religious beliefs and often sexual orientation. Employees can't be demoted as retaliation for filing a sexual harassment claim or because they informed authorities about an illegal action by their organization
- Wrongful discharge
- If an employer terminates an employee, even one who is "at-will," in violation of federal, state, or local anti-discrimination laws, it can face serious legal troubles.
Federal anti-discrimination laws protect employees from being discharged or otherwise penalized with respect to the terms and conditions of employment on the bases of race, color, national origin, sex, religion, disability, pregnancy, and age. State laws may mirror these categories of protections and may also expand upon them.
Not all wrongful discharge claims are discrimination-based. If an employee is given a contract of employment, either expressly or impliedly, and is terminated before the expiration of, and in violation of, that contract he or she may be able to bring a claim for wrongful discharge and breach of employment contract.
Workplace Misconduct Risk Management: Defined Terms