Internal Investigations, Confidential Employer Investigations

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

by Jon Bierman, Andrew Cripe, Jay Dade, Sean Gallagher, Christopher Mason, William Robbins | Polsinelli on 5/2/2013

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

Employment Law Advisory for May 1, 2013: NLRB Division of Advice Issues Guidance on When Employer May Demand Confidentiality in an...

by Hopkins & Carley on 5/2/2013

Internal investigations of possible employee misconduct or other employment-related issues are not uncommon. Most employers who conduct such internal investigations routinely request that the complainant, the target of the...more

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

by Ashlee M. Bekish, Ashley A. Wenger | Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/14/2012

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

by Bora Rawcliffe | Sheppard Mullin Richter & Hampton LLP on 11/27/2012

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 Kelly Scott | Ervin Cohen & Jessup LLP on 10/22/2012

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 9/25/2012

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

NLRB Rules on Prohibiting Discussion of Internal Investigations

by XpertHR - Partnered with LexisNexis on 9/14/2012

The National Labor Relations Board (NLRB) ruled recently that unionized employers may violate the NLRA by prohibiting the discussion of internal investigations. The ruling pertained to a dispute between Banner Health System...more

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

by Bracewell & Giuliani LLP on 9/7/2012

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 9/5/2012

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 8/15/2012

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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Internal Investigations › Confidential Employer Investigations