SEU Legal Protection for Employees on the Job
With the number of lawsuits increasing each year, the level of concern for protection from liability exposure has also risen. Each year, hundreds of cases are decided that have a direct impact on higher educational institutions and many of them began as a problem that had to be dealt with by an employee. In order for employees to be able to do their jobs in the best possible way, they should know and understand the legal protection available to them.
The following is the St. Edward's employee indemnification policy which addresses this issue.
Employee Indemnification Policy
St. Edward's University
2/17/05
A. St. Edward's University shall furnish an employee of the University with legal defense through legal counsel selected by the University and with payment of judgments, fines, penalties, settlements, and any other expenses actually and reasonably incurred in connection with an actual or threatened civil, administrative, or investigative action; claim; or proceeding (an "Action") brought against such employee by reason of being an employee of the University or serving at the University's request as a member of or representative to an entity outside the University.
B. Defense and/or payment under this policy shall be available only if all of the following conditions are met to the satisfaction of the University, in its sole discretion:
1. The employee's actions or omissions were within the scope of his or her University duties and authority.
2. The employee's actions or omissions were in good faith, and in a manner reasonably believed to be lawful and in the best interests of the University.
3. The acts or omissions did not constitute dishonesty, gross negligence, recklessness, willful misconduct, or the intentional infliction of harm, and the employee did not receive any financial profit or advantage to which he/she was not legally entitled.
4. The original or a copy of any summons, complaint, notice, demand, letter, or other document or pleading in the action, or a writing setting forth the substance of any claim, complaint, or charge made orally, was delivered to the University's Vice-President for Fiscal Affairs Office (or in cases involving employment practices, to the Office of Human Resources) within seven days after receipt of such document, oral claim, complaint, or charge, with a specific request in writing that the University represent the employee.
5. The employee cooperates continuously and fully with the University in the defense of the action.
C. The protection in this policy shall not extend to:
1. Consulting or other outside professional or business activities for which the employee or an entity with which he or she is affiliated is entitled to receive compensation exceeding reasonable expenses from a party other than the University.
2. Acts or omissions while an employee is on an unpaid leave of absence from the University.
3. Actions that an employee may affirmatively initiate or propose initiating against any other person or entities.
4. Any action to the extent that the damage or loss is indemnifiable under any insurance which is in force and covers the employee.
5. Members of a collective bargaining unit at the University, except to the extent that indemnification rights have been incorporated into a collective bargaining agreement.
6. Any indemnification prohibited by law.
D. The benefits of this policy shall not enlarge the rights which would have been available to any third party plaintiff or claimant in the absence of this policy.
E. St. Edward's University reserves the right to change or withdraw this policy in its sole discretion, except as to claims based on acts or omissions which occurred before the change or withdrawal of the policy. Notice of any change or withdrawal shall be published in a publication of general circulation at the University.
F. This policy shall take effect upon its adoption by the Board of Trustees, which will occur on February 17, 2005 , and shall apply to any acts or omissions occurring after that date.
What can you do to avoid being sued?
1. Follow safety and health procedures carefully, and be aware of potential hazards and problems in your workplace. Report them to you supervisor or other appropriate office as soon as possible.
2. When writing letters, memos, emails or other documents, be objective and clear in your writing. Remember, if a lawsuit claim arises in the future, what you write will usually carry greater weight than what you say.
3. Familiarize yourself with the policies and procedures that affect your job. If you don't understand something, ask your supervisor for assistance.
4. Take advantage of opportunities for continuing education and training in the policies and procedures that affect your area of employment.
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