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Protect Your Home from Power Surges This Summer with Surge Protectors

Power surges can cause major issues with your home electronics

The arrival of summer can mean several welcome events: a return to outdoors living, an opportunity for vacation, and more time with the family. One of the issues people may not associate with summer are the power surges that often occur due to the tremendous demand for energy, especially to cool homes. A power surge is a brief spike in electrical power. While on the surface it may not seem like much to be concerned about, power surges can cause serious damage by burning up electrical circuits inside appliances. They can also damage electrical outlets, light switches, light bulbs, air conditioner components, and even garage door openers.

You can protect your valuable electrical appliances from the damaging effects of power surges. The most cost effective way is by purchasing surge protection strips. You can plug in your television, DVD player, and stereo into the strip and it should provide adequate protection against most surges. It’s a good idea to pick up a surge protection strip for the kitchen counter so that you can protect small electrics like the toaster, blender, food processor etc. You can also find surge protectors that fit into electrical outlets that will protect your phone and answering machine. You can buy most types of surge protectors in any local hardware store.

When it comes to your PC, however, you will have to be a bit more selective about protection, because of the delicacy of its internal components. Back-up power packs that are specifically designed to protect your hardware can be found in stores that sell computer accessories as well as in many electronics chain stores. They can be somewhat expensive, but are certainly less expensive than replacing your entire system.

Before you purchase any surge protector, there are certain features you need to look for. The first feature to look for is a surge protector that is labeled with the Underwriters Laboratories (UL) logo. The UL logo tells you that the unit has been tested to determine if it meets certain standards. Any product that is UL tested will be labeled as a “transient voltage surge protector,” which means that it meets or exceeds the minimum standards required to be an effective deterrent against power surges.

A surge protector’s performance is rated in three ways.

  • The first is clamping voltage, which is the level of voltage surge that has to occur before the surge protector kicks in and diverts excess voltage from the item being protected. You want to find a surge protector that has a low voltage number so that it takes less of a surge to activate it. Look for a protector with a clamping voltage of less than 400 volts.
  • The second way to rate a surge protector’s performance is response time: the amount of time it takes for the surge protector to respond to the surge. You should look for a unit with a response time of one nanosecond or less.
  • The third performance-rating factor is energy absorption, or how much energy the unit will absorb before it fails. For the longest lasting performance, look for a unit rated between 300 and 600 joules. Remember, the higher the number, the longer the life of the surge protector.  Just like any other appliance in your home, your surge protector will eventually wear out and will need to be replaced.

 

Beware of These Current Scams

Beware of Scams

Don’t let yourself be the next victim.

Recently several of our clients have been taken advantage of by a scam.  Don’t let yourself be a victim.  If it does not feel right, it is probably not right.

An elderly customer was fooled by 2 people dressed up like the gas company and wanted to check out a potential gas leak in her home.  One of them asked her to wait outside with him while the other one went in to check out the leak,  As it turns out, they were not from the gas company and instead stole some money and jewelry out of the customer’s home.

Another client received a call from what she thought was the social security administration advising her that there was an issue with her social security check this month and they wanted to confirm her social security number and bank account information.   She had just heard about this type of scam on the news and hung up on them and then called the social security administration back from her phone to see if there was an issue.  Of course, there was not.

Supposedly Microsoft Corporation called one of our clients, to tell her that they needed to run a diagnostic on her computer because they think she may have a virus.  Her computer had been running a little slower than usual, so she allowed them to dial into her computer.  It was a scam, they were not Microsoft, and they downloaded a program on her computer that ended up stealing her personal information off her computer and she was the victim of an identity theft.

Finally, another client received an email from IRS, they thought, telling them that they had a tax refund due, but they needed their account information.   Our customer was so thankful of having some extra money, that they did not even think that this could be a scam.   Instead of money being put into her account money was taken out of her account by these thieves.

Don’t allow yourself to be the victim of these crimes.  IRS will never send you an email asking for bank information.   Microsoft is not going to call you because you may have a virus on your computer.    If the gas company comes knocking, ask for identification, and if something does not look right or feel right, then call the gas company to confirm before letting them in your home.   It is easy to be the victim of fraud, so make sure to double check where emails are being sent from, sometimes the name in the email will say one thing but if you look at the senders email address you will see it say something else, this is a sign it is a scam.  Call and verify before giving out any information on your account.

Also, talk to your Trusted Choice Insurance Agent and be sure that you have identity theft coverage on your homeowners insurance policy or automobile insurance policy,  or your commercial policies in the event that you are taken advantage of by one of these schemes.

Can a Youth Sports Coach Be Sued?

Liability risks of a youth sports coach.

Your child wants to play a youth sport and wants you to be the coach. That is great! You have always dreamed of one day coaching your child and teaching them the proper way of playing the sport, whether it is baseball, softball, soccer, lacrosse, football, field hockey, etc.

So as you prepare, you watch coach training videos, read the county coaching requirements and read several books on the proper way to coach the kids. One other thing you should make sure you read is your insurance policies. Once you decide to coach a team, you are taking on a major responsibility and there are situations that you could be put in that would make you personally liable for their safety.
Youth Sports Coach Sued, Huff Insurance

Let’s say you are at practice, and a storm is approaching. You look up at the sky and think that you have time to get a little more practice in before the storm hits. Then, all of the sudden you here the ‘BOOM!”. You look around and see one of your players on the ground, and your heart sinks……

After it all clears, you realize that your decision to keep practicing put your players at risk, and it won’t be long before you see the lawsuit paperwork.

When we decide to coach our kids, we are taking on a lot of responsibility.  There are several things that could happen to your players that you could be held personally liable for.  Such as (but not limited to):

  • The lightning strike in the example above
  • Having player collapse of dehydration from not allowing adequate water breaks
  • Having a player continue playing even though there were signs of a concussion or other serious injuries
  • Having an auto accident while transporting players to and from a game or practice
  • Conducting a practice without the proper equipment which results in an injury (ex: No helmets during batting practice in baseball or softball)

Although most coaches are probably thinking that they would never put their players in the situations above, it can happen even to the best of them.

There have also been cases where coached have been sued due to an injury to a player during a game or practice.  In most of these types of cases, the coaches have won the lawsuits, but it still takes time and money to hire a lawyer and properly defend.  Examples are:

  • A baseball player misjudged a fly ball during an outfield drill and the ball hit him in the mouth, causing extensive damage to their teeth. The coach was sued for negligence in conducting the drill.
  • A softball player injured her leg while sliding and the parent sued the coach for not teaching proper sliding technique.

So before you agree to coach a sport, you really want to look over the liability insurance levels on your homeowners insurance and your personal umbrella insurance policies.  If you are not sure if you are adequately protected, please consult with your Trusted Choice Independent Insurance Agent to go over your insurance coverage.

After all, you do not want to put all of your assets at risk when all you want to do is help out the youth of your community.

I personally help coach my son’s baseball team and I understand the risks associated with it.  But like the other coaches who dedicate their time and energy for our youth, for me, the reward far outweighs the risks.  There is no greater feeling than working with the kids and watching them become better athletes and better people right before our eyes.  But i do make sure I have the proper insurance protections in place should there be a moment in time that I get pulled into one of these lawsuits.

Contact Huff Insurance Today

Huff Insurance is a full service Independent Insurance Agent We have been dedicated to Protecting Lifestyles™ since 1960. We offer a full array of Personal Insurance, Commercial Insurance and Life Insurance products. Call us at 410-647-111

Are All Lawsuits Covered By Homeowners Insurance?

If You Get Sued, Will Your Homeowners Insurance Cover You?

The answer is……..It depends on the type of lawsuit…..

Home Insurance, Huff Insurance, Pasadena MDYou may be surprised to hear that your homeowners insurance policy will not cover you for every type of lawsuit.  This article will go into a few examples of those lawsuits that may not be covered on the standard homeowners insurance policy.

It is common for neighbors to disagree. For example, you may think that your Chesapeake Bay Retriever barking at people passing by is an asset for keeping your home safer from intruders. However, your neighbor who enjoys peace and quiet would think your dog is a nuisance. Another neighbor may enjoy listening to his or her music at a loud volume, but others who live in the neighborhood will likely find it annoying.

Some situations may not be about noise. People who live in neighborhoods with a uniform appearance may hassle a new homeowner who decides to paint his or her house a bright shade of green. Whether the source of the problem is noise or something else, disagreements between neighbors can, and do, escalate into lawsuits. Before this happens to you , it is important to know what types of provisions your homeowners insurance policy provides for legal issues.

Many people think that a homeowners insurance policy covers all lawsuits filed against them. For this reason, people are usually not as careful as they should be about preventing them. For example, consider a new homeowner who moves into a subdivision, replaces the existing fence with higher boards and paints them contrasting colors. If the subdivision has rules about the permissible colors and acceptable maximum height of fences, they will try to get the new homeowner to comply. Homeowners who refuse may find themselves facing a lawsuit for violating the subdivision’s code. The courts will likely favor the subdivision’s rules, and a homeowners insurance policy will not provide coverage for the legal battle. Therefore, it is important to understand exactly what legal issues are covered under the policy.

Loud noises, eyesores and changes are all issues that do not physically harm another person. While they may be annoying, they are not issues that would be covered by a homeowners insurance policy if they escalate into a lawsuit. Always remember that a homeowners insurance policy offers protection for two types of liabilities, which are property damage and bodily injury, for example:

  • The family dog bites a visitor (But check your policy to make sure your breed of dog is not excluded from coverage)
  • A guest trips and falls over a loose step riser
  • Your kid hits a baseball through a neighbors window
  • Your drive on the 5th hole down at the golf course goes off track and hits another golfer, causing injury
  • You have a dead tree on your property, and a limb falls and damages your neighbor’s car

Since coverage is limited to two types of physical damage, it is important to work as hard as possible to settle disputes with neighbors which do not involve bodily injury or property damage. For example, if neighbors complain about a barking dog, it may be best to enroll the dog in training or purchase a no-bark citronella collar. Trim overgrown shrubs or trees that neighbors may complain about. Many people get angry and frustrated when a neighbor makes accusations or complains. Anger is usually what causes people to be stubborn and refuse to compromise. Always listen to what neighbors have to say, and try to understand the situation from their perspective. Use common sense to arrive at a solution that is favorable to both parties. However, the best way to avoid anger and confrontation is to fix possible nuisances before neighbors complain. For additional information about avoiding problems and lawsuits with neighbors, discuss the issues with your Trusted Choice Independent Agent at Huff Insurance.

 

Environmentally Friendly Insurance for Small Business

If you’ve ever considered owning a small business, or are considering owning one, you’ve probably heard all the usual advice.  Make sure you have enough capital.  Only let family run the cash register.  Don’t take in a partner without an ironclad contract.   Location, location, location, etc.

What you may not have heard is this one: Be careful you don’t get nailed with hazardous waste remediation and lose your shirt.

How could that happen?  You’re not opening a nuclear reactor, just an ice cream shop. And how can an ice cream shop have hazardous waste to deal with?

Aha!  What if the site you select for your ice cream shop ends up being in a district where the water is found to contain too many parts per million of some noxious substance or another and you have to close down or move?  Or worse, be permitted to stay, but be required by local government to hang a sign at the order window telling customers they drink your sodas at their own risk?  It has happened to a shop in the town of Finksburg, Maryland. Fortunately, the local population isn’t too concerned about that stuff in the water, and the owner didn’t have to close up shop, risking his investment and his livelihood.  But he without a doubt lost business.

That was a mild case of the ‘environmental flu.’  Others can be much worse.

Fortunately, there is Pollution Liability Insurance for that sort of thing, and having it might even help you get financing for your new venture. Originally meant for big business, ones that might easily buy a 40-acre site that was a pharmaceutical waste dump in the 1950s and is now in need of expensive remediation, secured creditor environmental insurance now comes in sizes to fit most businesses, large and small.

These policies protect both the business owner and the business owner’s lender in the event that contamination of the business site is found and must be cleaned up.  The pollution insurance takes care of the cost of remediation, or the loan if the owner must default because of the cost of remediation.  And it also covers liability claims, including bodily injury.  Note:  These policies cover only claims based in environmental laws in effect at the time the policy was written, not claims based on later regulation and legislation.

In effect, secured creditor environmental insurance acts much like title insurance.

Title insurance includes an investigation of the real estate to make certain all previous deed transfers, survey and so on were correct.  If the investigation failed to find something that later becomes a problem, the title insurance takes care of it.

Secured creditor environmental insurance policies also require an investigation into the prior uses of the land.  If a problem is later discovered, but the investigation was conducted with due diligence, then the insurance pays for the cleanup. In all cases, the policies won’t pay off if information that results in claims has been withheld.

Unlike title insurance, secured creditor environmental insurance companies also want to know what the intended future use of the site will be.

You want to open an ice cream store?  You’d probably have no problem.  The Finksburg Maryland case is actually unusual.  But ice cream shops do have a lot of chemical refrigerants on their sites, and a breach of the refrigeration system would cause the pollution liability insurance to kick in.

Dry cleaner?  Sure, although your deductible will be fairly high, in the $1,750 range. Note, too, that managers of strip malls, where most dry cleaners are located, are beginning to require dry cleaning shop owners to have some sort of pollution liability insurance.  Cleaning up a spill at a dry cleaning store costs about $50,000 on average; the deductible will be somewhere around $10,000.

Nuclear reactor?  Get real.

 

Cloud Storage Risks blog by Huff Insurance, an insurance agent in Pasadena, MD

Cloud Storage Risks – Is The Cloud A Safe Place To Store Your Data?

Is the Cloud a Safe Place to Store Your Data?

Exploring Cloud Storage Safety

Cloud storage offers a convenient, cost-effective way to store data, accessible anytime, anywhere. However, there are some cloud storage risks that need careful consideration.

Advantages of Cloud Storage
  • Cost-Efficiency: Cloud storage eliminates the need for large capital investments in physical storage. You pay only for the storage you use, making it a scalable solution for businesses of all sizes.
  • Flexibility: Unlike traditional storage solutions, cloud storage can easily scale to meet your changing needs. Whether you need more storage space or less, you can adjust your plan accordingly without significant hassle.
  • Accessibility: One of the biggest advantages of cloud storage is the ability to access your data from any location with an internet connection. This is particularly beneficial for businesses with remote workers or multiple offices.
  • Convenience: Automated data uploads and backups ensure that your information is always up-to-date and accessible. This reduces the risk of data loss due to hardware failures or other unforeseen events.
Risks of Cloud Storage
  • Loss of Control: When you store your data in the cloud, you are entrusting it to a third-party provider. This means you have less control over your data and must rely on the provider’s security measures.
  • Provider Dependence: If you decide to switch providers, the process can be complicated and time-consuming. It’s important to consider the long-term implications of choosing a particular provider.
  • Outages: Cloud services can experience downtime due to technical issues, maintenance, or cyberattacks. This can disrupt your access to critical data.
  • Security Threats: Despite advancements in security, cloud storage is still vulnerable to hacking, data breaches, and other cyber threats. Ensuring robust security measures are in place is crucial.

Mitigating Cloud Storage Risks

To leverage the benefits of cloud storage while minimizing risks, consider the following strategies:

  • Control Access: Limit who can manage and access your data. Implementing role-based access controls can help ensure that only authorized personnel have access to sensitive information.
  • Thorough Research: Choose a reliable provider that meets your specific needs. Look for providers with a strong track record, transparent policies, and comprehensive security measures.
  • Understand Security Measures: Ensure your data is protected with encryption, both in transit and at rest. Strong password policies and multi-factor authentication can also enhance security.
  • Test Gradually: Start with small data uploads to assess the provider’s performance and reliability. This allows you to identify any potential issues before fully committing to the service.
  • Outage Planning: Develop a strategy for handling service interruptions. This could include maintaining local backups or using multiple cloud providers to ensure continuous access to your data.

Additional Considerations

While cloud storage offers many advantages, it’s essential to remain vigilant about potential risks. Regularly review and update your security measures to keep pace with evolving threats. Additionally, consider investing in cyber insurance to protect against data breaches and other cyber incidents.

For more detailed guidance on cloud computing and data security, resources like the US-CERT’s document on cloud computing can provide valuable insights.

By understanding and mitigating risks, businesses can benefit from cloud storage’s advantages while protecting their data. Consider insurance options for additional protection against data breaches and disruptions.

Huff Insurance in Pasadena, MD

There’s no such thing as 100 percent data security. It’s one reason why many businesses choose to insure against some of the risks and costs associated with breaches and other data-related business disruptions.

At Huff Insurance in Pasadena, MD, we understand the importance of safeguarding your digital assets. With increasing reliance on cloud storage, it’s crucial to be aware of the associated risks and take proactive measures to protect your data. Our insurance solutions are designed to help you mitigate these risks and ensure your business’s continuity. For more information on how we can help you secure your data, contact us today at 410-647-1111.

There’s no such thing as 100 percent data security. It’s one reason why many businesses choose to insure against some of the risks and costs associated with breaches and other data-related business disruptions.

Every firm’s needs are different but it’s perfectly possible to put together comprehensive, customized cyber insurance coverage against these risks. If you’d like to know more, give me a quick call today.

 

Keep a Time Limit on Workers’ Comp Claims and Hold Down Costs

Workers’ compensation insurance claims are a major cost of doing business.

And the length of time a claim remains open has a large effect. Workers comp insurance claims that stay open for long periods of time are more likely to involve attorneys, high medical bills, and significant payments for lost wages. According to the Insurance Information Institute, between 2002 and 2007 the medical cost per lost-time claim (workers compensation insurance claims where the injured employee is unable to work) rose 50 percent faster than the annual rate of medical inflation for the economy as a whole. The institute estimates that attorney fees increase claim costs by 12 to 15 percent with no net gain in benefits to the worker. Most states index the maximum payment for lost wages to the state’s average weekly wage, a figure that generally rises each year.

Limiting the duration of workers’ compensation claims insurance is an important strategy in the effort to hold down costs.

To do this, employers have several options at their disposal:

  • Prompt notice of claims to the insurance company hastens the onset of medical treatment, speeds up the injured worker’s recovery and return to work, and reduces the likelihood that he will hire an attorney. Therefore, requiring workers to immediately report all injuries, however minor, and promptly reporting them to the insurance company can have a huge impact on the duration of a claim.
  • A prompt and thorough investigation of the incident is just as important. Interviews with the injured worker and witnesses, photographs, and other information gathered as soon as possible will help the insurance company to properly adjust the claim.
  • If the employee will be out of work for an extended length of time, the employer should keep in regular contact. An injured worker who gets the sense that his employer does not care will become a receptive audience for plaintiff attorneys. Employers may want to call the worker periodically to check on his condition, offer assistance with completing the paperwork, and generally to check on his emotional state.
  • The employer should have a good understanding of the state law pertaining to the waiting period for benefits covering lost wages. This is especially true if the employer operates in several states, as their laws may vary widely. Understanding how the law applies to the worker’s situation will help the employer set expectations properly. This reduces the chance of misunderstandings that can lead to problems down the road.
  • Building relationships with the physicians treating the employee will keep the employer better informed as to his condition, treatments, medications, and expected duration of disability. This should eliminate surprises and help the employer get the employee back to work sooner.
  • Return to work programs can shorten claim duration and reduce costs significantly. These programs permit an injured employee to return to work in some capacity before he has recovered to the point where he can resume his previous duties. They reduce payments for lost wages, meet the worker’s need to feel productive again, and remove incentives for the worker to hire an attorney.
  • Employers should review loss reports with their insurance agents and claim adjusters and ask questions about losses that do not appear to be progressing toward closure. They should also look for patterns in the loss reports to identify correctible factors that raise the cost of lost-time injuries.

Employers owe it to their workers to provide a safe workplace and benefits to help them should they get hurt. With some extra care and attention, employers can meet those obligations and keep costs in check.

 

How to Create a Social Media Policy for Your Business

Does your business have a social media policy?

It probably should!

Social Media Policy, Huff InsuranceSocial Media is ever expanding and giving users more ability than ever to collaborate and interact with each other in a virtual community. Even if you and your clients aren’t actively involved with social media sites like Facebook, Blogger, YouTube, LinkedIn, Twitter, Pinterest, Wikis, Digg, and so forth, it’s highly likely that at least some of your employees are using them.

There are actually many business benefits and opportunities to be had by using social media portals to link your company with your clients and suppliers, such as lowering your cost to do business, increasing revenues, making marketing more cost effective, the speed and ease of access to information, and such. That said, using social media isn’t risk-free.

One way you can manage the risks associated with social media is by creating a social media policy. A comprehensive policy with the specifics on training, supervisions, and employee responsibility is especially vital if you require, or even encourage, any employee to blog or utilize social media on behalf of your business. You should also consider carrying a media liability insurance policy or a similar social media-specific coverage.

Regardless of whether you require, ask, or encourage employees to utilize social media on your behalf or not, you should still have a policy pertaining to what your employees do with their own time on social media. The following are some key areas that should be covered:

  • If you don’t have bargaining agreements or employment contracts that would limit your options for termination, then you can remind your staff that their employment is at-will, meaning you retain the option to end their employment at any time for any non-discriminatory reason.
  • You should make it clear that your policy on internet usage, privacy, non-competition, nondisclosure, ethics, and so forth will run concurrently with your social media policy. For example, your internet usage policy probably states that you have access to monitor the sent and received messages on your business’s communication systems. You will want to make it clear that you have the same access when the communication systems are used for social media purposes.
  • Inform employees of the risks associated with online publishing, particularly their risk of disclosing information that’s confidential. Give employees a specific contact, such as their supervisor, to check with if they have any doubts about the confidentially of a topic.
  • Your policy should clearly warn against displaying your business trademark or logo, as these may give viewers the false impression that the speaker is representing your business. Employees should also be aware that they’re to disclose their employment and state that their views are entirely their own if they decide to publish anything related to your business.
  • Employees should understand that they’re liable for the content they publish and can be sued for incidences like copyright infringement, libel, and plagiarism. Keeping in mind that state and federal laws allow some degree of privacy for social media communications that occur outside the workplace, have disciplinary actions outlined for the publishing of content that’s damaging or embarrassing to your business. Employees should be reminded that what they post about their employer, competitors, customers, and co-workers should be respectful and that they should delete inappropriate comments from any site under their control.
  • Remind your employees to fact-check, make appropriate attributions, specify all information that’s opinion, and provide a safe means of contact prior to publishing all content. Some bloggers publish anonymously, but anonymous publishing can make malice easier to prove in privacy and defamation cases.
  • Remind employees of the dangers of giving out personal information or clues that could allow online predators to obtain their personal information. Suggest that they review their privacy settings on all online social media sites. Identity thieves can often access sensitive personal information with nothing more than a birthday and name.

 

The Kitchen Is A Dangerous Place, Even For Adults!

Kitchen Fire Safety

Study Shows Adults Aren’t Always Careful When Cooking At Home

Kitchen Fire, Fire Safety, Huff Insruance, Pasadena MD

The National Fire Protection Association (NFPA) reports that between 1999-2002, there were an average of 114,000 home fires associated with cooking equipment each year, resulting in 290 deaths and 4,380 injuries each year. The leading cause for these fires was unattended cooking.

In fact, three in 10 reported home fires start in the kitchen, and two out of three reported home cooking fires start with the range or stove. Believe it or not, electric ranges or stoves have a higher risk of fires, injuries and property damage, compared to gas ranges or stoves. However, gas ranges or stoves have a higher risk of fire deaths.

Because of these alarming statistics, The Hartford decided to commission Harris Interactive to create an online study of adults’ cooking habits to examine what factors were contributing to kitchen fires. The researchers questioned 2,527 adults, aged 18 and over during October 2006. Two hundred forty-three of those surveyed lived with at least one child under the age of five.

The study revealed questionable cooking habits that could increase the risk of cooking-related fires:

Fire Safety, Kitchen Fires, Huff Insruance

  • Seventy-eight percent of those polled reported leaving an appliance such as a microwave, oven, or range unattended while cooking
  • One in five respondents reported leaving their house while the appliance was running
  • More than one-third of the respondents didn’t keep a fire extinguisher in the kitchen.

These statistics are alarming to say the least.  And you should always keep a fire extinguisher in your kitchen.  And make sure it is one designed to be used in the kitchens and can be used for grease fires.  It will be clearly marked on the extinguisher or packaging.  The researchers noted that the overwhelming majority of respondents didn’t seem to know the safety rules to follow when preparing food at home.

Follow these NFPA Guidelines in your kitchen:

  • Kids and pets should stay at least 3 feet away from the stove while cooking.
  • Keep an eye on the stove top while frying, grilling, or boiling food.  And Never walk away from food while it is cooking on the stove top.
  • Items that can ignite easily, such as dishtowels, curtains, or paper towels, are remain at least 3 feet away from the stove.
  • Potholders or oven mitts should be within easy reach.
  • Pot handles should be turned in toward the back of the stove to prevent spilling.
  • If someone gets burned, pour cool water over the burn for 3 to 5 minutes.
  • Be careful when removing cooked food from a microwave, because the hot steam can cause burns. Children should never use a microwave unless an adult gives them permission.

Can Your Business Be Sued For Retaliation?

Can getting rid of a employee get you sued?

The answer is Maybe!

This blog ties in nicely with last weeks blog on EPLI  (Employment Practices Liability Insurance)

If you’ve been considering firing an employee who’s been giving you headaches about workplace safety, you might want to hold off on issuing the pink slip. This is the painful lesson learned by one Arizona-based trucking and transportation company, M3 Transport/SLT Expressway.

One of their drivers was directed to make a run with a co-driver who was a smoker. He found a whole bunch of cigarette butts in the co-driver’s truck. The problem: The cargo was explosives.

Smoking while hauling explosives, the driver pointed out, was a violation of HAZMAT regulations.

The company sent him home after pointing this out, and then fired him two days later.

Bad move

The employee complained to the Department of Labor.  They directed the company to pay more than $200,000 in back wages, $15,000 in interest, and punitive damages of $20,000. It would have cost them a lot less to to find a non-smoker who was willing to make the trip.

OSHA also directed the company to post information on workers’ right to raise workplace safety concerns without having to fear retaliation on the part of the employer.

In this particular case, the company specialized in hauling explosives for the military. So, it’s easy to conclude that they should have known about the regulation forbidding smoking on explosive hauls.

Another case involving a trucking company: A driver for Interline Logistics Group LLC in Sauk Village, IL, informed his central office about a brake problem on his truck. The company instructed him to take the truck to a mechanic to have it checked out. Then dispatch instructed the driver to pick up another load. The driver refused, stating that he was already over the number of work hours allowed by law.

The company fired the driver the following day – for failing to follow the (illegal) instructions of the dispatch office.

Again, the driver complained to OSHA, which investigated, and found Interline Logistics Group culpable. They directed the company to rehire the driver immediately – and pay him $190,000 in back wages, citing the anti-whistleblower provisions of the Surface Transportation Assistance Act.

In a separate case, an employee accused Party Rental Enterprises, Inc., dba Able Linen Service, of firing him for raising objections over a workplace safety issue. OSHA attempted to contact the employer, but the employer was not responsive to numerous attempts to contact them.

The problem did not go away by ignoring it: The worker and OSHA secured a default judgment against the employer. A judge directed the company to pay $17,000 in back wages against the company, plus an additional $20,000 fine.

Lessons Learned

The first lesson learned is that firing employees solely on the basis of whistleblowing does not pay off. If the employee complains and the matter gains any traction or goes to court, the whistleblower receives the benefit of any doubt. The burden of proof falls on the employer, in these cases, to demonstrate based on the preponderance of the evidence that the firing was justified – and for reasons wholly unrelated to the whistleblowing. The laws make it very difficult for employers to fire whistleblowers, so even if you are firing them for other reasons, you need to make sure that your documentation is very strong.

Documentation is therefore the key to protecting your interests – and that goes for employers and employees alike. If you don’t have a record of documentation for disciplinary infractions – ideally predating the incident under review – then you have an uphill battle in court if it comes to that.  Make sure that all incidents are documented in writing at the time and date they occurred.  Documenting multiple previous issues at a later time does not stand strong in a court of law.

Likely, documentation becomes the employee’s friend. For example, truckers with safety or maintenance concerns over their employer’s vehicles should be diligent in filling out their daily vehicle inspection (DVIR) reports. These reports become the employee’s friend, in court, if the vehicle problems were documented ahead of time, and if the employee has a track record of being diligent about reporting vehicle maintenance problems.  Employees generally do a better job documenting their file than some employers.  Don’t let this happen to you.  Make sure that all logs and vehicle’s maintenance records are maintained along with employees disciplinary issues.   In order to be protected if these issues arise in the future, in addition to documentation, you need employment practices liability insurance.