News & Analysis as of

Employer Liability Issues Internal Investigations

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

OSH Law Primer, Part VIII: The Intersection of Employment Law and Safety Issues

This is the eighth installment in a series of articles intended to provide the reader with a very high-level overview of the Occupational Safety and Health (OSH) Act of 1970 and the Occupational Safety and Health...more

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

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

K&L Gates LLP

Internal Investigations of Harassment Claims

K&L Gates LLP on

In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules...more

A&O Shearman

Due process in internal investigations in Belgium: mixed signals given by the Supreme Court and the legislator.

A&O Shearman on

Last month, the Belgian Supreme Court ruled in a case concerning a former employee who, following an internal investigation, had been first dismissed by her employer for and subsequently convicted of several criminal...more

Troutman Pepper

Water Cooler Talk: Investigation Lessons in 'Minority Report'

Troutman Pepper on

“Minority Report,” a cinematic masterpiece that debuted over 20 years ago, continues to resonate with audiences today. Directed by Steven Spielberg and starring Tom Cruise, the movie takes place in the year 2054 where a...more

Littler

Belgium: New Rules for Private Investigation of Employees

Littler on

During its plenary session on May 8 this year, the Chamber of Representatives in Belgium adopted a legislative proposal regulating private investigations. The purpose of this new law is to review the existing legal framework...more

Proskauer Rose LLP

No Good Deed Goes Unpunished: When Employers’ Good Intentions Inadvertently Create Increased Risk

Proskauer Rose LLP on

Employment lawsuits typically involve allegations of an employer’s wrongdoing – claims that the employer or its agents intended to and did mistreat, discriminate, or retaliate against employees. However, these “bad actor”...more

BCLP

Private life and disciplinary dismissal

BCLP on

In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more

The Volkov Law Group

General Data Protection Regulation (GDPR) and Whistleblowing Laws (Part II of II)

The Volkov Law Group on

Challenges may arise when conducting an internal investigation related to an underlying disclosure by a whistleblower pursuant to the EU Directive, because companies must strictly comply with the GDPR. Failure to comply with...more

Littler

Dear Littler: How should we handle anonymous complaints?

Littler on

Dear Littler, I’m the CEO of a fast-growing company. A team of sales executives reports to me and each has a large team of sales employees that reports to them. Last week someone anonymously emailed HR complaining about...more

Tucker Arensberg, P.C.

School District Subject to Suit for Manner of Completing Act 168 (“Pass the Trash”) Form

Tucker Arensberg, P.C. on

Dale McClendon v. The School District of Philadelphia, 2023 WL 4237080 (E.D. Pa 2023). (Federal court held that a school district was subject to due process and breach of contract claims for the manner in which it completed a...more

Troutman Pepper

How to Combat Corporate Theft: Office Space - Hiring to Firing Podcast

Troutman Pepper on

Corporate theft can happen in any workplace. What type of employee is most likely to steal from the company or its customers? What can companies do to combat this? Partners Tracey Diamond and Evan Gibbs chatted with Troutman...more

Ius Laboris

Dos and Don’ts for internal investigations

Ius Laboris on

Internal investigations may concern different types of misconduct and could come about as a result of a whistleblower’s report, a complaint or even an item in the media. However they arise, you will need to find out what...more

Stikeman Elliott LLP

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

Stikeman Elliott LLP on

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

Reveal

Best Practices, Scenarios, and Tools for Optimal Outcomes

Reveal on

From a human resources (HR) perspective, the workplace is full of landmines. From combatting sexual harassment allegations to providing reasonable accommodations for people with disabilities, employers have their work cut out...more

Littler

Dear Littler: How Do We Handle Drug or Alcohol Impairment in the Workplace?

Littler on

Dear Littler:  We are a manufacturing company with facilities in multiple states.  We have had a number of incidents when supervisors have suspected an employee was impaired while working due to alcohol or drug use.  We are...more

Venable LLP

Arbitration Award Against Federal Contractor Highlights Need to Review Collective Bargaining Agreements Prior to Internal...

Venable LLP on

When companies are alerted to potential violations of policy or relevant law, they frequently open internal investigations to determine the events that occurred and whether the circumstances require corrective action....more

Barnea Jaffa Lande & Co.

New Ruling on How to Conduct Sexual Harassment Investigations

The National Labor Court published a ruling recently regarding employers’ obligations when investigating complaints pursuant to the Prevention of Sexual Harassment Law.   In the case at hand, the complainant studied and...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights - UK Employment Law - October 2022

During a turbulent month of mini-budgets and U-turns, there were also a number of important decisions handed down by the Employment Appeal Tribunal (the “EAT”). In our October update, we outline the EAT’s determination of...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Says Internal Investigations Conducted by Attorneys May Not Be Privileged

​​​​​​​When confronted with an internal employee complaint such as a sexual harassment claim, the company’s first reaction may be to use inside or outside legal counsel to investigate the complaint and advise the company on...more

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

Workplace Investigations in 2022: Ringing in the New Year on the Right Foot

According to a poll conducted during an Ogletree Deakins webinar in 2021, 70 percent of approximately 1,200 attendees had experienced an increase in internal workplace complaints. In addition, a recently published outlook for...more

Pillsbury Winthrop Shaw Pittman LLP

NRC Board Rules on Adverse Employment Actions in Discrimination Cases

Nuclear Regulatory Commission’s Atomic Safety and Licensing Board finds that investigating an employee’s discrimination complaint does not, in itself, constitute a violation under the NRC’s employee protection regulations. ...more

Kramer Levin Naftalis & Frankel LLP

Harcèlement au travail : Gestion du risque et enquête interne

Depuis de nombreuses années le harcèlement, qu’il soit moral ou sexuel, fait l’objet d’une grande préoccupation sociétale et médiatique, tout particulièrement au sein des entreprises. Dans le cadre de son obligation générale...more

Akerman LLP - HR Defense

Reminder: Promptly Investigate Harassment Complaints

Even though the COVID-19 pandemic and its impact on the workplace has dominated the headlines recently, employers should be careful not to delay investigating non-pandemic-related complaints—particularly those of harassment. ...more

177 Results
 / 
View per page
Page: of 8

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide