News & Analysis as of

Employee Misconduct Workplace Investigations

Fisher Phillips

Medical Spa Loses $300K After Botched Workplace Investigation: 5 Tips for Employers Investigating Potential Criminal Activity or...

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Two vials of Botox went missing at a medical spa, and the employer had a hunch that a new employee had stolen them. After the police got involved, the employee was arrested and indicted for felony theft by a grand jury, but...more

Sands Anderson PC

Before Doing Your Own Workplace Investigation—a Cautionary Tale

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A few years ago, a friend of mine was part of an organization that received complaints about one of its leaders, which led to questions about whether the leader should be fired. The organization debated internally about what...more

Dickinson Wright

You Can’t Prevent Them All: How to Protect Your Company from Unpreventable Employee Misconduct

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Unfortunately, workplace injuries can occur anytime, even when employers take every possible precaution to prevent them. As most employers have experienced, implementing and enforcing safety rules and policies avoids...more

Amundsen Davis LLC

[Ongoing Program] Session 5: Conflict Resolution - November 15th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 4: Performance Improvement Plans - November 1st, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 3: Conducting Workplace Investigations and Documenting Employee Issues - October 18th, 12:00 pm - 2:00...

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 2: How to Effectively and Lawfully Communicate with Your Employees - October 4th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Amundsen Davis LLC

[Ongoing Program] Session 1: Recruiting and Onboarding Employees - September 20th, 12:00 pm - 2:00 pm CT

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Amundsen Davis’s Leadership & Management Certification Training Series - Develop your managers into the professional leaders who create the culture that propels your business. Amundsen Davis’s Leadership & Management...more

Stikeman Elliott LLP

Salina v. Investors Group: Employers Do Not Owe a Duty of Care to Employees in Connection with Workplace Investigations

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In Salina v. Investors Group Financial Services Inc., 2023 BCS41 C 86 (the “Decision”), the Supreme Court of British Columbia (the “Court”) considered the question of whether an employer owes its employee a duty of care in...more

Fisher Phillips

Federal Prosecutors Offer Incentives to Self-Report Workplace Misconduct: Some Practical Tips and Reminders for Employers

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Federal prosecutors recently outlined a new approach to the way they treat criminal corporate misconduct – including offering some enticing incentives to corporate leaders for self-reporting potential violations. What does...more

Bowditch & Dewey

[Webinar] Investigations – the Good, the Bad and the Ugly (14th Annual Employment Law Update) - February 16th, 2:00 pm - 3:00 pm...

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Join us for part two of the 14th Annual Law Update, when we will look ahead at hot topics that HR professionals and senior administrators of your organization or campus need to know in 2023. - Why investigations are so...more

Weintraub Tobin

California Employment News: Starting a Workplace Investigation (Part 1)

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In this episode of California Employment News, Lizbeth (Beth) West and Meagan Bainbridge present part one of the Workplace Investigation Series, discussing how to start an investigation following an employee complaint....more

Stradling Yocca Carlson & Rauth

[Event] Advanced Workplace Investigation Training - October 11th - 12th, Camarillo, CA

Workplace investigations should only be conducted by company's appropriately trained HR staff, attorneys or licensed private investigators. Whether it is an in-house HR Department employee or an outside investigator, a...more

Fisher Phillips

Unhappy New Year? South Carolina Employers Face New Lawsuit Worries After Supreme Court Decision

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Employees in South Carolina who report workplace misconduct may soon find themselves personally named as defendants in employment lawsuits following a recent noteworthy decision from the South Carolina Supreme Court. Managers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations

Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more

McAfee & Taft

Unequal workplace investigation leads to discrimination lawsuit

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When an employee complains of unfair or discriminatory treatment, employers should promptly and thoroughly investigate such a complaint. A quality investigation can solve a problem and avert potential litigation. If a lawsuit...more

Pullman & Comley - Labor, Employment and...

Silence is Golden in Apogee Retail: The NLRB Affirms Employers’ Right to Require Confidentiality in Workplace Investigations

In what can be considered a triumph for common sense, the National Labor Relations Board [“NLRB” or “Board”] recently issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), upholding an...more

Hogan Lovells

Employment News: unfair dismissal, equal pay, what's new

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Gathering clouds – flawed investigation made dismissal unfair - In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more

Proskauer - Labor Relations Update

Busy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation

As anticipated, in one of the last decisions before the end of Member McFerran’s term, the NLRB issued another important opinion. Reverting back to precedent that preceded a 2015 decision, the Board, in Apogee Retail LLC...more

Jackson Lewis P.C.

Importance Of Properly Documenting Workplace Investigations

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A recent decision from the U.S. Court of Appeals for the Sixth Circuit upholding termination of a state trooper for “hitting on” female drivers during traffic stops and breaching his Last Chance Agreement highlights the...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Decisions Reach Different Conclusions With Regard to Disqualification for Unemployment Benefits Due to...

Under N.C. Gen. Stat. § 96-14.6, individuals are disqualified from receiving unemployment benefits if they are discharged due to misconduct associated with the work. On September 3, the North Carolina Court of Appeals issued...more

Hanzo

Real-World Social Media Investigations: Online Actions Have Consequences

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Social media—from Facebook and Twitter to Instagram, LinkedIn, Reddit, YouTube, and more—has become the place where people go to find their tribe. Whatever their shared passion, from the pedestrian to the offbeat to the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Top Tips for Concluding Workplace Investigatory Interviews

A truly effective workplace investigator knows how to best wrap-up an employee interview. Don’t leave loose ends or wiggle room that can later undermine the effectiveness of the overall investigation and the employer’s...more

NAVEX

[Webinar] Master Class: Conducting & Closing Effective Workplace Investigations - May 10th, 8:30am PT

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Join this free educational event—brought to you by the NAVEX Global Ethics & Compliance Virtual Conference—for 2.5 hours of quality learning. Become an expert investigator in 1 day! In this Master Class, you will learn...more

Bennett Jones LLP

Court Reminds Arbitrators and Employers: Proper Investigation of Employee Medical Marijuana Use is a High Priority

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The courts have again reminded employers–and arbitrators–of the importance of a proper investigation and analysis when an employee is discovered to be using medical marijuana contrary to the employer's policies....more

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