Workplace Investigations

News & Analysis as of

Rogue CFO IV – The Company Response

In this series we have considered the problem of a rogue CFO, or other executive officer, who defrauds or steals from the company. The focus has been on measures that are designed to prevent the high-level fraud from...more

Conducting a Fair Workplace Investigation

Every employment attorney at some point will be asked either to conduct or assist with a workplace investigation. Attorneys taking on this role will need to act as a neutral fact finder and refrain from zealous advocacy, a...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 11: Workplace Investigations and the Good...

Allegations of employee misconduct – particularly as they relate to claims of discrimination and harassment – have been raised in the workplace ever since the Civil Rights Act was passed. But human resource executives were...more

Tennessee Joins the Growing List of States Limiting Employers' Access to Personal Online Content

Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014. Three weeks after Wisconsin became the 13th state to adopt its own social media password...more

Sexual Harassment Training is Just One Component of Protecting Your Business: Remember CONSENT

If the EEOC called you today and said they were coming over to investigate how you handle complaints of sexual harassment and sexual violence, how would you feel? Is sweat beading on your brow just thinking about it?...more

Tips To Ready Employers When Immigration Agencies Come Knocking

Worksite enforcement actions for immigration-related matters are on the rise; the Obama Administration is emphasizing worksite compliance obligations; and immigration-related audits are increasing....more

Homeland Security Targets Employers’ Immigration Compliance

Investigations and audits of Form I-9 documents by U.S. Immigration and Customs Enforcement (“ICE”) agents are on the rise, and the Obama administration is promising to keep the heat on employers in the coming year. ...more

Employer Access to Employee Social Media: Applicant Screening, ‘Friend’ Requests and Workplace Investigations

A recent survey of hiring managers and human resource professionals reports that more than two in five companies use social networking sites to research job candidates. This interest in social networking does not end when the...more

The Lost Art Of Conducting Effective Workplace Investigations

You are the HR leader for your organization. Whether you are an executive, a human resources professional, an attorney, an owner, or – in many cases – hold more than one of these titles, when HR issues arise, they come to...more

Don't let medical absences cloud your judgment

In late January, the Tenth Circuit Court of Appeals issued a decision in Smothers v. Solvay Chemicals Inc. (No. 12-8013, 10th Cir. Jan. 22, 2014) that emphasized the importance of conducting a proper investigation and...more

Audit Workplace Policies And Practices To Ensure A Legally Compliant 2014

Auditing internal employment policies and practices helps to identify and resolve areas of legal risk. The types of workplace policies that should be regularly reviewed include: EEO/Harassment; Complaint Reporting Procedures;...more

Responsibility of an Employer to Act Upon Threats From or By an Employee

Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post discussing the Navy Yard shootings. Ms. Bertram reminded contractors of the obligation to notify the...more

Best Practices for Workplace Surveillance

Last week, this blog featured posts about the growth and reported benefits of workplace surveillance, as well as some of the legal risks that can arise from surveillance. Workplace surveillance can run the gamut from...more

Conducting a Workplace Investigation? Make Them an Offer They Can’t Refuse!

In general terms, if an employer suspects one of its employees has violated an important policy, it will likely ask that person to participate in an internal investigation....more

Interpretation Letter Permits Union Organizers To Be Employee Representatives During OSHA Inspections At Non-Union Worksites

The Occupational Safety and Health Administration (“OSHA”) recently released a Letter of Interpretation authorizing employees at non-union workplaces to designate union organizers to act as their employee representative...more

Did You Know…Additional Guidance Released By NLRB On Confidentiality And Employee-Related Investigations

As we reported in August 27, 2012, in Banner Health System* the National Labor Relations Board (NLRB) ruled that an employer violates Section 7 of the National Labor Relations Act (NLRA) when it maintains a blanket policy...more

NLRB who? Why do I care if I don't have a union?

Most non-union employers think that the National Labor Relations Act is not applicable to their work force. Unfortunately, if that is what you think, your local NLRB office will be happy to point out how wrong you are. As we...more

Be a Super Sleuth—Part Three: Concluding Your Workplace Investigation

In the first part of this three-part series—Be A Super Sleuth: Laying the Framework for Effective Workplace Investigations—we provided a number of pre-investigation considerations for employers, including an overview of...more

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