News & Analysis as of

Internal Investigations Summary Judgment

Farella Braun + Martel LLP

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...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

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 4, 2019

Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more

Cozen O'Connor

HR Investigations Pay Dividends: A Healthier Workplace and Protection in Court

Cozen O'Connor on

Many HR professionals spend a significant amount of time investigating employee complaints and, depending on the outcome of these investigations, implementing corrective measures to halt and prevent bad behavior in the...more

Parker Poe Adams & Bernstein LLP

Failure to Date Reorganization Memos Does Not Defeat Summary Judgment

When we respond to allegations of employment discrimination, reconstructing the timeline of events is crucial. In these situations, the parties often agree what happened (i.e., the employee was terminated). Where they differ...more

Proskauer - Whistleblower Defense

Eastern District of Pennsylvania Grants Summary Judgment on SOX Claim

On July 18, 2019, the U.S. District Court for the Eastern District of Pennsylvania granted a defendant-employer’s motion for summary judgment on a SOX whistleblower retaliation claim, holding that the Plaintiff did not have...more

Seyfarth Shaw LLP

Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more

Bradley Arant Boult Cummings LLP

Court Not So Hostile to Employer in Hostile Work Environment Case

Lest you think that no one can win a hostile work environment claim, we have some positive news from the Second Circuit. In Russell v. New York University, et al., the court issued a summary order (which does not have...more

Sherman & Howard L.L.C.

Stuck in Cape Town Again

By creatively patching together scheduled days off, vacation days, and personal holidays, and then switching a shift, the plaintiff put together 21 days off. Unfortunately, he was still scheduled for one shift right in the...more

McAfee & Taft

Lessons in dealing with an “equal opportunity” harasser

McAfee & Taft on

A new opinion released by the Tenth Circuit provides practical tips to employers dealing with multiple employee complaints alleging generalized harassment and/or discrimination throughout the workplace....more

Bradley Arant Boult Cummings LLP

HR to the Rescue: Prompt Investigation Beats EEOC’s Sex Harassment Claim

Don’t listen to all the doubters – HR truly can save the day. A recent federal court decision from the Western District of Tennessee illustrates the point again: prompt and appropriate investigation of a sexual...more

Eversheds Sutherland (US) LLP

Cooperate or Terminate: Second Circuit Protects Companies that Terminate Employees for Failure to Cooperate with Investigations

On June 16, the U.S. Court of Appeals for the Second Circuit upheld the right of a company to terminate for cause executives who refuse to cooperate with an internal investigation and remain “silent” even with the specter of...more

Proskauer - Whistleblowing & Retaliation

3rd Circuit Affirms Dismissal in Long-Running Weist SOX Whistleblower Case

On February 2, 2016, the Third Circuit affirmed the dismissal of the SOX whistleblower retaliation claim in the closely watched case of Weist v. Tyco Electronics Corp., No. 15-2034. We have posted on key events during the...more

Hinshaw & Culbertson LLP

The Cat Fights Back: 7th Circuit Discusses Cat's Paw Theory Post-Staub

Hinshaw & Culbertson LLP on

In 2011, the United States Supreme Court made the"cat's paw" theory of liability significantly easier for employees to prove. An employee can establish a cat's paw theory of liability in an employment discrimination suit when...more

Brooks Pierce

Texas Court of Appeals Has Put Some FCPA Internal Investigations in an Awkward Spot

Brooks Pierce on

Given that this case was decided last summer, I can’t quite put the headline in the present tense. I’m slow to the draw on it, but I think it’s important. Last July, in Writt v. Shell Oil Co., 409 S.W.3d 59 (Tex. Ct. App....more

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