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
Articles Discussing Workplace Investigations.
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.
With the recent wave of allegations concerning employment-related conduct, there may be in uptick of employers engaging outside firms to conduct internal investigations. While these can be kept in-house, high profile cases and social media often results in the publication of these reports to the public. Consider the NFL’s investigation of the Miami Dolphins known as “bullygate.”
Having an effective and consistent investigation process can play an important role in a company’s culture. Join Kathy Cooper Franklin, Littler shareholder, as she talks about creating a speak-up workplace culture, walks you through the six stages of an investigation, and explains the importance of written guidelines in an investigation process. This podcast provides employers with insight and tips for conducting internal investigations in the workplace.
Internal investigations are not new in human resources. Employee complaints of sexual harassment or discrimination, or of retaliation for making these complaints, have provided healthy fodder for internal workplace investigations for many years.
Does your company respond to all internal concerns immediately, investigate them thoroughly and remediate them with unmatchable speed? What if the concern comes from an officer, director, lawyer, compliance professional, internal auditor, or an outside accountant? Do you assume you have time because, after all, it is the informant’s “job” to identify and remedy non-compliance? Or do you jump on the concern regardless of who raises it, launching and concluding your investigation and implementing remedial action within 120 days?