Dealing with personnel issues and identifying areas of risk have become increasingly difficult due to the complexity of laws, union contracts, and court rulings. It can be challenging, expensive, and time-consuming for public entities to stay up-to-date on all areas of personnel management and risk avoidance, which takes away from the mission of the entities. The Pre-Litigation Program is designed to provide technical assistance to entities in the management of personnel issues and risk avoidance. Our goal is to be involved at the onset of the problem to provide education and guidance on navigating risk and minimizing liability. We have a very unique team of experienced professionals, consultants, and investigators, who are ready to assist you with issues that could result in liability covered under the insurance policy.
The CIAW Pre-Litigation Program provides assistance at the onset of and throughout any issues related to our members’ operations that could potentially result in liability under their insurance coverage. These include, but are not limited to:
- Third-party review and one-on-one assistance at the onset and throughout the personnel issue;
- Professional analysis of labor contracts, personnel manuals, and policies and procedures relative to the evaluation process and employee discipline; and
- Provide assistance in conducting investigations, formulate findings, and provide recommendations to assist the employer through the probations, discipline, or termination process.
Taking the Right Steps
We provide a wide variety of pre-litigation approaches, each of which is designed to help manage risks. The following are general steps of the pre-litigation process:
- Utilize alternative risk management services where needed, which include Educational Services and Risk Control.
- Meet with a Pre-Litigation Program consultant to review the situation at the onset of an issue.
- Review policies and supporting documents relative to the matter.
- Review a detailed outline of the entity’s actions to date.
- Review procedures and legal requirements.
The Pre-Litigation team will work jointly with the member’s legal counsel or assigned CIAW counsel to develop a plan of action to resolve the issue.
The CIAW Pre-Litigation Program provides risk management information and services to the program’s membership upon request. Clear Risk Solutions does not provide legal advice. When seeking legal advice, all members are reminded to consult with their attorney or legal assistance from an independent attorney assigned by CIAW. Assignment of a CIAW approved attorney is discretionary and must be approved by the CIAW consultant assigned to the matter.