When workplace misconduct, whistleblowing or harassment is at issue, employers commonly turn to outside investigators to help ensure an unbiased investigation that will withstand challenge in future litigation. Engaging an investigator who is an attorney helps ensure that the investigation file and report will be protected by attorney client privilege. Employers may later decide to
Internal Investigations
Forensic Review During Investigations: Have You Considered The NLRA?
NLRB General Counsel Jennifer Abruzzo is pressing for stricter enforcement against the use of workplace technologies to monitor employees. As a result, employers should consider the National Labor Relations Act (the “Act”) when conducting forensic reviews of employee emails and texts during internal investigations.
On October 31, 2022, Abruzzo issued Memorandum GC 23-02 titled “Electronic…
Investigating Complaints Containing Second-Hand Information in the COVID-19 Era
As the country faces a wave of COVID-19 closure orders, individuals are being encouraged to report violations. Hypothetically, these reports could originate from just about anyone – employees, employees’ family members, customers, neighbors, the general public. Given the wide range of potential complainants, these reports may not always be based on first-hand observations.
When investigating…
Preventing Retaliation Claims During and After an Internal Investigation
When an employee reports a concern regarding fraudulent or illegal behavior, an employer’s immediate response is likely to open an investigation, stop any wrongdoing, and take appropriate corrective action. In the race to manage a challenging situation, it is easy to overlook the possibility that an investigation not conducted properly might actually create additional liability,…
Who is the Audience for an Internal Investigation Report?
Too often, internal investigators mistakenly conclude that their reports are for the exclusive review of decision-makers. Sometimes, this may be true. However, more often than not, there are two audiences of which an investigator should be mindful – a primary audience and a secondary audience.
The primary audience is the immediate recipient(s) of the report. …
The Importance of Developing an Investigation Plan
The importance of a prompt and thorough internal investigation is more evident than ever, and an effective investigation plan can protect the company’s interests when reviewing internal complaints. Consider the following when developing an investigation plan.
Take Necessary Immediate Action: When receiving a complaint, outline the issues involved to determine if there are any…
Considerations in Selecting an Investigator
A threshold issue in any internal investigation is the selection of an investigator. A number of considerations will guide a company’s decision.
Internal or External Investigator
There are several factors to consider in selecting an investigator, and practical considerations frequently indicate that the investigation be conducted by an internal investigator. However, employers often opt to…
Do’s and Don’ts of Conducting Internal Investigations
In today’s post #MeToo era, most companies, big or small, will likely need to conduct an internal investigation on an employee’s claims. Knowing how to conduct a successful internal investigation will help a company protect itself. Not only do internal investigations help avoid litigation, they may also improve employee morale, increase productivity, and oftentimes, end…
Guideposts for Successful Internal Investigations: Part 2 – Commencing and Concluding the Investigation
Part 1 of this two-part series explored the five steps to consider before and at the start of any internal investigation.
The next five steps focus on conducting and concluding the investigation and will help guide a company during the actual investigation, after establishing its framework.
- Gather Information. The investigator should: (a) assess the
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Guideposts for Successful Internal Investigations: Part 1 – Establishing an Investigation’s Framework
The ability to effectively conduct internal investigations is essential to any business.
From fiscal year 2014 to fiscal year 2018, the number of whistleblower retaliation complaints filed with OSHA has increased by 29 percent. Between 2007 and 2017, retaliation claims filed with the EEOC nearly doubled. In fiscal years 2017 and 2018, the Justice…