In July 2012, the National Labor Relations Board held
that a blanket approach and policy requiring confidentiality during all
internal workplace investigations violates employees' concerted activity rights
under Section 7 of the National Labor...
At first blush, implementing an employee hotline and
following-up on complaints might seem a simple endeavor. The recent $3.5
million federal jury award to an employee terminated after he reported illegal
conduct by a supervisor demonstrates that employers...
How do lawyers who represent employees decide which of
the employees who contact them to represent? According to Nina Pirrotti, an
attorney with Garrison, Levin-Epstein, Richardson, Fitzgerald & Pirrotti,
P.C., one of her "first lines of inquiry...
I'm thrilled to be joining my fellow faculty members
later this month to teach at the 5-day national training institute presented by
the Association of Workplace
Investigators ("AWI") in Santa Barbara, CA. The AWI is a
Often, when faced with the need to investigate an employee's
complaint of harassment or discrimination, employers will ask their regular
company counsel to investigate the allegation and defend the company if
litigation ensues. The recent mistrial...
With over one billion active Facebook users and
500,000,000+ Twitter accounts, it is no surprise that the discovery of
messages, status updates, wall posts, tweets and pictures shared on social
media has become a battle ground in sexual harassment...
One of the most important and often most challenging
tasks of the workplace investigator is to make credibility determinations about
witnesses. Over the years, a common mistake I've seen investigators make
in investigating allegations of workplace...