News & Analysis as of

Internal Investigations Confidential Employer Investigations

Circuit Court Rejects Attack On NLRB’s New Witness Rule

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

by Fisher Phillips on

The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

Want to keep your internal investigations confidential? There may yet be hope.

by Miles & Stockbridge P.C. on

In a recent blog post, we discussed the heavy restrictions the National Labor Relations Board (the “NLRB” or the “Board”) has placed on company policies that direct employees who participate in internal investigations to...more

NLRB Says Employers Cannot Ask Employees Not to Discuss Internal Investigation

When conducting an internal investigation involving possible disciplinary violations, employers often ask participants in the investigation to maintain its confidentiality pending completion. Last month, the National Labor...more

NLRB Limits Confidentiality in Workplace Investigations

by Morgan Lewis on

In two decisions issued on June 26, the National Labor Relations Board overruled its longstanding precedent holding that employers may withhold witness statements from requesting unions and further held that general policies...more

Conducting Corporate Internal Investigations

by Bilzin Sumberg on

Watch an in-depth webinar discussion focused on conducting corporate internal investigations, both in the U.S. and abroad. Bilzin Sumberg attorneys Marty Steinberg and Rafael R. Ribeiro present best practices for...more

Adopting A Vision: Putting The Pieces Together (Part II of IV)

by Michael Volkov on

People need a vision to inspire them. I know this sounds corny but I always used this motto as a motivational tool. If you can see the goal, then you can figure out a way (or ways) to achieve the goal. If you conduct a set...more

Further Guidance: NLRB General Counsel's Office Weighs In On Confidentiality During Workplace Investigations

by Polsinelli on

Recently, the National Labor Relations Board's (NLRB) General Counsel Division of Advice ("Division of Advice") released a memorandum offering guidance to an NLRB Regional Director concerning employers requiring...more

Be A Super Sleuth: Laying the Framework for Effective Workplace Investigations

Workplace investigations have become more important for reasons of productivity, personnel management, and litigation avoidance. Moreover, the range of matters that are the subject of investigations has become broader, and...more

NLRB Ruling Condemns Blanket Confidentiality Policies During Internal Investigations

In Banner Health System d/b/a Banner Estrella Medical Center, 358 N.L.R.B. No. 93 (2012), the National Labor Relations Board (NLRB) held that an employer’s maintenance and application of a general confidentiality rule...more

Shhhhh! There is an Employee Misconduct Investigation Going On!

by Ervin Cohen & Jessup LLP on

An employer hires an outside investigator to examine allegations of employee misconduct. Is the employer required to obtain permission from the employee who is the subject of the investigation? The Federal Trade Commission...more

NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations

by Poyner Spruill LLP on

A recent decision from the National Labor Relations Board (NLRB) and comments from an Equal Employment Opportunity Commission (EEOC) attorney reveal a risk in prohibiting employees from discussing ongoing internal...more

Employer's Routine Requests to Employees to Keep Internal Investigation Matters Confidential Found Unlawful by NLRB

by Bracewell LLP on

On July 30, 2012, the National Labor Relations Board (NLRB) ruled that a non-union employer’s practice of routinely advising its employees not to discuss ongoing internal investigation matters with their coworkers violated...more

Silence is Not Golden - Employers Should Rethink Policies that Silence Employees During Internal Investigations

by Cole Schotz on

In light of a recent U.S. Equal Employment Opportunity Commission (“EEOC”) communication, employers should review their internal investigation policies to ensure that they do not completely silence employees. In an August 3,...more

Mum's Not Necessarily the Word: NLRB Complicates Employers' Internal Investigations

by Littler on

In a ruling that affects both union and non-union employers, the National Labor Relations Board held that an employer must establish a specific legitimate business justification for requiring employees to maintain...more

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