In 1925, the famed Scopes Monkey Trial occurred in Tennessee. The public feverishly debated whether evolution contradicted certain religious teachings and whether humans, viewed by many to be a superior lot, could be related in any respect to monkeys. A … Continue reading
While fact-finding investigations have long been a feature of good employer decision-making and dispute resolution, the importance of conducting and documenting prompt, thorough and objective investigations has increased over the past decade. This change is due, in part, to two … Continue reading
I am thrilled to be hosting the Employment Law Blog Carnival this month. For the uninitiated, this carnival is the brain child of Eric Meyer who writes The Employer Handbook and like the carnivals of old features a vast array … Continue reading
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 Relations Act (NLRA). As a result, … Continue reading
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 must not … Continue reading
The EEOC today announced it will host a public meeting on Wednesday, March 20th at its headquarters in Washington, D.C. to discuss the Quality Control Plan it is developing. The Quality Control Plan is a part of the EEOC’s Strategic … Continue reading
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 misconduct is failing to … Continue reading
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 nonprofit with a stated mission … Continue reading
Facebook, blogs, Twitter, on-line petitions – Social media is leveling the public relations playing field. Gone are the days when big business controlled the media. Today, a disgruntled employee can fight back using social media. Using these new tools, former … Continue reading
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 and … Continue reading