Human resources professionals are focused today on dealing with myriad workplace issues arising out of the COVID-19 pandemic – new leave of absence laws, increased safety concerns, new privacy issues, and so on. In addition, many of the old ways of completing basic human resources tasks have been changed
Articles Discussing Workplace Investigations.
As the country faces a wave of COVID-19 closure orders, individuals are being encouraged to report violations. Hypothetically, these reports could originate from just about anyone – employees, employees’ family members, customers, neighbors, the general public. Given the wide range of potential complainants, these reports may not always be based
When an employee reports a concern regarding fraudulent or illegal behavior, an employer’s immediate response is likely to open an investigation, stop any wrongdoing, and take appropriate corrective action. In the race to manage a challenging situation, it is easy to overlook the possibility that an investigation not conducted properly might actually create additional liability, even if the original allegations are unfounded. Given the ongoing influx of whistleblower claims, employers should be alert to preventing potential retaliation claims arising out of internal investigations.
Conducting a thorough, effective and legally compliant internal investigation is tough enough when the investigation is confined to the United States. When a multinational company headquartered in the United States needs to investigate possible wrongdoing internationally, there is a whole new world of extra challenges. Donald Dowling, Shareholder out of Littler’s New York office, offers an approach, and strategies, for conducting an internal investigation overseas.
A recent decision from the U.S. Court of Appeals for the Sixth Circuit upholding termination of a state trooper for “hitting on” female drivers during traffic stops and breaching his Last Chance Agreement highlights the importance for employers to document investigations into employee misconduct and the reasons for any resulting discipline – or non-discipline.
Too often, internal investigators mistakenly conclude that their reports are for the exclusive review of decision-makers. Sometimes, this may be true. However, more often than not, there are two audiences of which an investigator should be mindful – a primary audience and a secondary audience.
The importance of a prompt and thorough internal investigation is more evident than ever, and an effective investigation plan can protect the company’s interests when reviewing internal complaints. Consider the following when developing an investigation plan.
Goldberg Segalla’s Kristin Klein Wheaton and Reshma Khanna join Timely Notice to talk about conducting effective workplace investigations. They discuss what workplace investigations are, what should be investigated, and who should be involved. They also dig into why employers should conduct workplace investigations and how an investigation can serve as
A threshold issue in any internal investigation is the selection of an investigator. A number of considerations will guide a company’s decision.
Over the last several weeks, I’ve been providing some practical advice on what to do and what not to do during federal, state or local investigations. Those Top Ten Commandments are:
Imagine an anonymous worker at a multinational’s Egypt factory contacts the global whistleblower hotline and accuses the Cairo plant manager of dumping chemicals into the Nile. Or imagine the manager of a bank’s Mexico City branch reports that her secretary’s family seems to be trading on inside information. Or imagine an employee of a multinational’s Marseilles office complains that one of her co-workers keeps groping her. Or imagine the U.S. Justice Department contacts a multinational’s Milwaukee headquarters to ask about some lavish dinners the Middle East sales team hosted for officials in Saudi Arabia.
Dan Lust, a member of the New York State Bar Association’s Social Media Committee, and an attorney in Goldberg Segalla’s White Plains office, discusses the role of social media investigations and protections in litigation. Dan explains the discoverability of social media, as well as New York’s recently-adopted relevancy approach to
In today’s post #MeToo era, most companies, big or small, will likely need to conduct an internal investigation on an employee’s claims. Knowing how to conduct a successful internal investigation will help a company protect itself. Not only do internal investigations help avoid litigation, they may also improve employee morale, increase productivity, and oftentimes, end inappropriate conduct in the workplace.
Part 1 of this two-part series explored the five steps to consider before and at the start of any internal investigation.
The ability to effectively conduct internal investigations is essential to any business.