When an employee complains to the human resources department that she’s the victim of sexual harassment, the proper course of action for the employer is to investigate the complaint. But once the investigation is complete and no evidence is found to support the accusation, it’s time to move on. Unfortunately, even the most thorough investigation [...]
Archive for the 'Workplace Investigation' Category
by Burton J. Fishman
In a ruling that could make workplace investigations at unionized facilities all but impossible, the National Labor Relations Board (NLRB) reversed a 37-year-old precedent that protected employees from retaliation.
Sometimes employees just don’t get along, and employers know they need to intervene when harassing and even threatening behavior occurs on the job. But should the employer launch an investigation if coworkers trade harsh words after hours away from the workplace?
That was a question put to a group of attorneys who focus on workplace [...]
by Laurie Jirak
On December 10, 2014, the NFL announced a new and more stringent personal conduct policy (code of conduct) for all members of the NFL. The new code is the NFL’s attempt to create clear standards and consistent procedures for misbehavior, after a year spent in a deluge of criticism for its handling [...]
by Mark Flora
Recently, I realized that my desk was covered with recent National Labor Relations Board (NLRB) decisions (and articles about those decisions) I needed to review. The problem is, the Board is intruding into nonunion workplaces with such ferocity that it is impossible to keep up. The self-described Rip Van [...]
by Peter Lowe
Internal workplace investigations turn sour for a variety of reasons, including haste, poor preparation, ineffective documentation, and a lack of investigatory skills. But in my experience, the biggest obstacle to fair and thorough investigations is the bias of the investigator. When an investigator starts out with a preconceived [...]
What should an employer do when faced with a longtime manager with stellar performance reviews who doesn’t adhere to company policy, misses deadlines, has been written up for sexual harassment, and may be responsible for committing fraud? And does it complicate the situation if that manager is 65 years old?
Those were questions recently put [...]
by Randi J. Winter
Employers routinely conduct internal investigations in response to allegations of harassment, discrimination, retaliation, theft, and other forms of employee misconduct. Although conducting such investigations can be critical to your continued operations, you should be mindful of the importance of exercising neutrality and fairness during the investigative process.
by Jeanine Poole
The turn of the year is often a good time to review company policies. We’re weighing in with some favorite perennial professional resolutions and perhaps a few new suggestions that might make for a happy 2014.
by Jeff Sloan
The classic Yogi-ism―”It ain’t over ’til it’s over”―has special significance for employment investigations. An investigation can lead not only to discipline against a perpetrator but also to litigation by the victim―or even the perpetrator―against the investigator or the employer. In either of those unsavory situations, the investigator or HR [...]