Here are the last couple of questions – and our outline answers – following our recent webinar on Handling Workplace Investigations. Who writes up the conclusion, the investigator or HR? As a general rule, it should be the investigator who drafts the investigation report, being the person who conducted the investigation. It is of course … Continue Reading
Here are a few more of the questions – and our outline answers – following our recent webinar on Handling Workplace Investigations. Can a witness refuse to participate due to a conflict of interest, e.g. a family member under investigation? The fact a member of the employee’s family is under investigation does not automatically disqualify … Continue Reading
Here are a few more of the questions – and our outline answers – following our recent webinar on Handling Workplace Investigations. Does the notetaking at investigation meetings need to be verbatim? No. There is no requirement for meeting notes to be a verbatim record of everything that has been said – not only can … Continue Reading
In December 2024, the new Private Investigations Act came into force. The Act replaced the Private Detectives Act of 1991 and was long overdue, considering how much has changed in the world of private investigations. The 1991 law focused on detectives as sole practitioners, think Columbo or Magnum P.I., a world of uncertain ethics, periodic … Continue Reading
During our recent webinar on Handling Workplace Investigations, we received several questions via the chat facility that we will address in a number of blogs over the next few weeks. First off, we have some questions about who should carry out a workplace investigation. If your policy states that a different manager will do the … Continue Reading
The metaverse is poised to reshape the way we live and work. Employment law in real life is vexing enough, with US employers required to navigate the complex federal, state and local laws and regulations that impact the employment relationship. Now some employers and businesses are making the leap into the virtual world, where employment … Continue Reading
There will be few in HR who have not at some time been served with one of those employee grievances which says, paraphrasing only slightly, “I am really unhappy in my work. I have recently discovered that I have been really unhappy for many years. Clearly this cannot be my fault in any way, so … Continue Reading
With more of us working from home than ever during the COVID-19 public health crisis, employers and employees face unique challenges. Videoconferences have replaced in-person meetings, and our pets, kids, and partners are now our temporary “coworkers.” From the occasional mild annoyances, like barking dogs and ringing doorbells, to the truly humiliating examples trending on … Continue Reading
In 2015, we reported to you about the National Labor Relations Board’s (NLRB) decision in the Banner Estrella Medical Center case, which placed significant limits on employers’ ability to request employee confidentiality during workplace investigations. As a reminder, in the Banner case, the NLRB found that Banner Estrella maintained a policy of instructing employees involved in … Continue Reading
