Investigations

Steve Hirschfeld and Amy Durgan will be presenting the latest information employers need to know about managing risk from hiring to firing, including: Hiring process including criminal background checks, candidate Internet searches, do’s and don’ts in interviews, offer letters and hiring documents Performance management and discipline for attendance, attitude, misconduct, and work performance Rightful termination…

The California Supreme Court refused to decide whether the “honest belief” defense to discrimination and retaliation claims is valid under California law.  Instead, in Richey v. Autonation, Inc., the Court punted on the decision and found that an arbitrator’s underlying decision was based on “overwhelming” evidence of an employee’s misconduct and that the arbitrator’s application…

After reading the Ted Wells investigation report of the Richie Incognito and Jonathan Martin matter, I had several reactions.  Most focused on Incognito’s reprehensible and vile bullying of Martin, primarily aided by his two teammates, Mike Pouncey and John Jerry.  After reflecting on the workplace environment that allowed such repeated atrocious conduct to occur, I…

As an employment law attorney, I regularly advise employers on personnel issues, including the conduct of internal investigations into employee complaints.  Colleagues at my firm have a similar practice.  We review investigation summaries and counsel human resources professionals in the conduct of investigations into internal complaints, including those involving discrimination, harassment and retaliation.  I thought…

For the first time since January 2012, the National Labor Relations Board (NLRB) unquestionably has a quorum to issue rulings.  This comes on the heels of the U.S. Senate’s votes yesterday to confirm a 5 members of the Board, three of whom are labor-friendly and two of whom have a management background.  They are: Mark Gaston…

Confidentiality is the hallmark to any meaningful attempt to investigate workplace misconduct.  Not only for the alleged victim of harassment or discrimination, but for the alleged perpetrator too.  Apparently, the National Labor Relations Board does not agree with that time-honored maxim, as it continues its assault on confidentiality in  workplace investigations. Last year, in Banner…

The California Supreme Court has agreed to review a lower court’s decision which prohibited the so-called “honest belief” defense used by California employers in response to claims under the California Family Rights Act (CFRA).  The high court’s review is notable because California courts have permitted employers to assert the “honest belief” defense in discrimination cases…