Important Factors to Consider When Hiring Employment Counsel Under an EPLI Policy

Employment Practices Liability Insurance (EPLI) carriers and their insureds should consider several key factors when hiring employment law counsel to defend cases under EPLI policies. These factors ensure that the selected attorneys can effectively defend policyholders while controlling costs and adhering to the insurer’s expectations. Here’s what EPLI carriers and their insureds should typically consider:

 

  1. Experience & Expertise in Employment Law

  •   Strong background in defending employers in employment-related claims (e.g., discrimination, harassment, wrongful termination, retaliation, wage & hour disputes).
  •   Familiarity with state and federal employment laws, including Title VII, ADA, ADEA, FMLA, and FLSA.
  •   Experience handling cases before the EEOC and state human rights agencies.
  •   Prior representation of insurance companies or policyholders under EPLI policies.

 

  1. Litigation & Trial Experience

  •   A track record of success in employment litigation, including favorable settlements, dismissals, and trial verdicts.
  •   Strong motion practice, particularly in obtaining summary judgments.
  •   Experience handling mediations and arbitrations, as EPLI policies often encourage alternative dispute resolution.

 

  1. Cost-Effective Case Management

  •   Ability to manage cases efficiently while controlling legal costs in line with carrier guidelines.
  •   A history of fair and reasonable billing practices (e.g., avoiding excessive hours or unnecessary motions).
  •   Willingness to work within the insurer’s litigation management guidelines and reporting requirements.

 

  1. Reputation & Professionalism

  •   Strong professional reputation and positive client/peer reviews.
  •   Ethical and professional conduct in line with insurer expectations.
  •   Responsiveness and clear communication with both the insurer and insured.

 

  1. Panel Counsel Experience & Compliance

  •   Prior experience as panel counsel for other EPLI carriers is often a plus.
  •   Ability to comply with insurer requirements, including periodic case status reporting, budgeting, and adherence to billing guidelines.
  •   Technology capabilities to integrate with insurer case management systems.

 

  1. Regional or Jurisdictional Knowledge

  •   Familiarity with local courts, judges, and administrative agencies.
  •   Understanding of jurisdictional nuances that may impact case strategy.
  •   Strong relationships with local mediators and arbitrators.

 

  1. Settlement & Risk Management Approach

  •   A practical approach to risk management, including early case assessments and cost-benefit analyses of litigation versus settlement.
  •   Experience in negotiating settlements that align with insurer and insured interests.
  •   Ability to counsel insureds on best practices to mitigate future EPLI claims.

 

About Employment Law Counsel, Karly Wannos, Esq.

Karly A. Wannos is the CEO/Founder of The Wannos Law Firm, P.A. She is an employment law litigator and a leader in the South Florida community. 

Karly represents employers at the administrative and trial levels in all aspects of employment litigation, including lawsuits alleging discrimination, harassment and retaliation in violation of federal, state and local laws. She also regularly defends employers in equal pay claims, workers’ compensation retaliation, whistleblower, and wrongful termination matters. Additionally, she has extensive experience in minimum wage and overtime claims under the Fair Labor Standards Act.

Karly founded The Wannos Law Firm after spending the majority of her practice in big law. Her priority is to offer clients the high-quality legal work of a large law firm with the personalized service, relationship-focused approach, and efficiencies that a small firm is best positioned to provide.

Learn more about our employment lawyers and The Wannos Law Firm by contacting us for an introductory consultation.

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