Employers who offer investment funds to their employees often see an increase in fiduciary liability claims when the stock market is unstable or has dipped substantially. Even though a plan administrator is extremely competent, some employees who face losses are looking for someone to blame. Very often they blame the plan administrator alleging that the administrator's choices have posted greater losses than those of other funds in the market.
In this particular market, many investors buoyed up by their successes took uncharacteristic risks and suffered losses. They, too, might allege that the choices offered were not good, or the risks were not adequately explained. If these investors are employees who had anticipated retiring soon, they may have to postpone retiring or resign themselves to tightening their retirement spending. This situation, and many more, can prompt employees to take an employer to court over "negligent" or "incompetent" plan administration.
What's the risk?
Unfortunately, many employers don't fear liability because they mistakenly believe that they have no risk, and that the risk belongs solely to the plan administrator. Not so. Typically, a fiduciary chooses the plan administrator and describes the company's investment goals. The administrator selects specific funds subject to the approval of the employer, making the employer an active member in the decision-making process.
An employer may be held liable in the event of a claim, but the plan administrator individually may also be named in a suit. The fiduciary liability policy can protect both the entity and the individual. Fiduciary liability coverage is defined as "protection for those who administer pension and welfare funds, profit-sharing and other employee benefit programs against loss for errors and omissions by the administrator." The need for this coverage was created by the Employee Retirement Income Security Act (ERISA) of 1974, and it is also known as pension trust liability insurance.
Often, claims against employers do not surface for one or two years after the market's downturn, when people realize the impact on their retirement portfolio. You should be prepared. If you haven't carried fiduciary liability insurance in the past, now might be the time to look into it. This is a relatively inexpensive insurance policy that will see you through tough market times.
This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. All rights reserved. Content © 2009 Zywave, Inc. All rights reserved.
Saturday, May 15, 2010
Friday, May 14, 2010
Combating the Rise of Workplace Violence in an Economic Downturn
During tough economic times your employees are most likely worrying about their finances, especially if your company has been subject to layoffs, benefit reductions or pay freezes. Workplace violence has always been a concern, but as the economy continues to suffer, ordinarily composed employees may suddenly become aggressive in expressing their mounting frustrations and worries.
Pinpointing employees who may turn to violence is difficult because they usually have no history or previous signs of violence and are generally compliant, veteran workers. This Risk Insights outlines the origins of workplace violence during tough economic times and what you can do to minimize the risk.
Economy-Driven Causes
One of the biggest fears that fuels workplace violence is the potential for job loss, or a reduction in hours or wages. Employees who fear being laid off feel less comfortable coming to work. Normally even-keeled employees who find themselves unable to make ends meet could suddenly take their disappointment out on others in the workplace.
Also, because of the lack of job availability, employees are more likely to butt heads with co-workers and compete viciously for a new position or promotion. The increased pressure to succeed and provide for a family in the midst of economic crisis may drive even the most unsuspected employee to violence, hostile behavior, threatening behavior or bullying. Desperation can be an extremely powerful force behind many cases of workplace violence.
In some cases, the economy may cause you to lay off employees who have dedicated years of service to your company. People that feel they have been loyal to the company for years may consider the layoff unfair, and these ex-employees may seek violent retaliation. Similarly, disputes over economically-driven benefit changes may be the source of violent actions.
Preventing Violence Driven by Economic Struggle
One of the most important things you can do as an employer is ensure your employees that their work is valuable. Look for extreme stress, anxiety and other behavior changes in employees to identify those that might be at risk.
Another side effect of economic downturn and layoffs is the remaining employees tend to pick up slack and commit extra hours to complete increased task loads. This occurs sometimes by necessity, but often times it is a choice employees feel they need to make to avoid being the next one laid off. Avoid placing this kind of pressure on remaining staff through effective management – carefully monitor work levels, and never let employees take on more than they can handle.
Communication is key to preventing workplace violence, especially when the economic climate is the underlying factor. Speak with employees who feel overworked and find out what you can do to alleviate some of the stress. Explicitly explain to longtime employees the reason for the layoff and make an effort to part on the most positive terms possible. Be as transparent as possible by letting employees know about any company changes, and most importantly, encourage open communication between management and workers to ensure a healthy, safe environment.
This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. All rights reserved. Content © 2010 Zywave, Inc. All rights reserved.
Pinpointing employees who may turn to violence is difficult because they usually have no history or previous signs of violence and are generally compliant, veteran workers. This Risk Insights outlines the origins of workplace violence during tough economic times and what you can do to minimize the risk.
Economy-Driven Causes
One of the biggest fears that fuels workplace violence is the potential for job loss, or a reduction in hours or wages. Employees who fear being laid off feel less comfortable coming to work. Normally even-keeled employees who find themselves unable to make ends meet could suddenly take their disappointment out on others in the workplace.
Also, because of the lack of job availability, employees are more likely to butt heads with co-workers and compete viciously for a new position or promotion. The increased pressure to succeed and provide for a family in the midst of economic crisis may drive even the most unsuspected employee to violence, hostile behavior, threatening behavior or bullying. Desperation can be an extremely powerful force behind many cases of workplace violence.
In some cases, the economy may cause you to lay off employees who have dedicated years of service to your company. People that feel they have been loyal to the company for years may consider the layoff unfair, and these ex-employees may seek violent retaliation. Similarly, disputes over economically-driven benefit changes may be the source of violent actions.
Preventing Violence Driven by Economic Struggle
One of the most important things you can do as an employer is ensure your employees that their work is valuable. Look for extreme stress, anxiety and other behavior changes in employees to identify those that might be at risk.
Another side effect of economic downturn and layoffs is the remaining employees tend to pick up slack and commit extra hours to complete increased task loads. This occurs sometimes by necessity, but often times it is a choice employees feel they need to make to avoid being the next one laid off. Avoid placing this kind of pressure on remaining staff through effective management – carefully monitor work levels, and never let employees take on more than they can handle.
Communication is key to preventing workplace violence, especially when the economic climate is the underlying factor. Speak with employees who feel overworked and find out what you can do to alleviate some of the stress. Explicitly explain to longtime employees the reason for the layoff and make an effort to part on the most positive terms possible. Be as transparent as possible by letting employees know about any company changes, and most importantly, encourage open communication between management and workers to ensure a healthy, safe environment.
This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. All rights reserved. Content © 2010 Zywave, Inc. All rights reserved.
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