workplace investigations

Thorough investigations can protect employers from claims that their decisions were discriminatory, retaliatory, or in bad faith. Conversely, a defective investigation can increase an employers’ exposure to those same claims. Consider, for example, Viana v. FedEx Corporate Services, an unpublished Ninth Circuit opinion issued on March 22, 2018. The appellate panel in that case

Harassment has been in the news a lot lately. How a company responds to an employee complaint is critical. If your company receives a complaint, here are some things you should never say:

  1. I will keep what you tell me completely confidential. No you won’t. You’ll keep it as confidential as circumstances allow. You’ll only

As I’ve written before, California has specific requirements for employers investigating complaints of harassment. Failure to follow these requirements can expose an employer to just as much liability as the harassment itself — especially if a plaintiff’s attorney can characterize the shortcomings as an intentional cover up.

My partner Frank Cook over at the New Jersey