Workplace investigations often require navigating sensitive and highly personal issues, especially when allegations involve sexual misconduct, bullying, violence, or identity-based harassment. Legal professionals and…
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/ Labor & Employment Law, Law Practice Products & Services
Workplace investigations often begin in chaos. Investigators are called upon to sort out messy work conflicts, which might include any one or more of the following…
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/ Alternative Dispute Resolution (ADR), Labor & Employment Law
Because bullying is not illegal, some may wonder why allegations of bullying or abusive conduct need to be investigated at all. However, though bullying may seem less serious than unlawful conduct such as harassment,…
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/ Labor & Employment Law
Welcome to Part 3 in this three-part series exploring how employers can effectively navigate retaliation claims. Part 1 explains the legal landscape for triggering actual or perceived retaliatory activity in a workplace…
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/ Alternative Dispute Resolution (ADR), Education Law, Labor & Employment Law
Most would agree that workplace interactions should be professional and respectful. And few would dispute that a C-suite executive berating their subordinates with expletives, publicly mocking them, or subjecting them to…
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/ Labor & Employment Law
From timing and notifications to the sharing of information with respondents, the complex nuances of conducting workplace investigations involving public safety employees require an extra layer of care…
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/ Administrative Law, Labor & Employment Law
This is the second part of a three-part series exploring workplace retaliations claims. The first article, “Navigating Workplace Retaliation Claims, Part 1: Understanding Retaliation and Preventing It” provides background on…
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/ Labor & Employment Law
Workplace retaliation claims have been rising across industries. According to recent reports from the U.S. Equal Employment Opportunity Commission (EEOC), retaliation is most frequently cited basis for discrimination charges…
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/ Civil Rights, Labor & Employment Law
Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Labor & Employment Law
Unconscious biases, including implicit and cognitive biases, are pervasive in our daily lives and can significantly impact our decisions, even when we strive to be fair and objective. For workplace investigators, recognizing and…
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/ Civil Rights, Labor & Employment Law
The line between protected political speech and workplace disruption depends largely on who signs your paycheck. Public employees enjoy First Amendment protections that private sector workers lack, but even government agencies…
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/ Constitutional Law, Labor & Employment Law
As artificial intelligence continues its rapid integration into nearly every corner of our professional lives, it’s no surprise that AI tools are now being pitched as solutions for one of the more sensitive and complex functions…
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/ Education Law, Labor & Employment Law, Science, Computers, & Technology
A public-school teacher wears a MAGA hat at a training session on cultural sensitivity (Dodge v. Evergreen School District #114, 56 F.4th 767 (9th Cir. 2022)), an actress in a mega-million-dollar film posts controversial views…
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/ Civil Rights, Constitutional Law, Labor & Employment Law
Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the…
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/ Civil Rights, Constitutional Law, Labor & Employment Law, Law Practice Products & Services
An investigative interview is an opportunity for the investigator to gather relevant facts related to a concern in a workplace. The role of the investigator during an investigative interview is to hear the perspective of the…
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/ Labor & Employment Law
