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
Lorene
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
What pushes your buttons at work? This is not an idle question. Knowing the answer can determine your ultimate success and happiness at work. Why? Because this type of self-awareness is required before you can make a conscious choice of … Continue reading
In 2012, the Association of Workplace Investigators (“AWI”) released its Guiding Principles for Conducting Impartial Workplace Investigations. The AWI is a nonprofit with a stated mission “to promote and support workplace investigations as a distinct area of expertise and to … Continue reading
Concerned about sexual harassment charges, employers are wary of cupid’s arrow this Valentine’s Day and some of them are turning to “Love Contracts” or in lawyer terms – a Consensual Relationship Agreement. A Consensual Relationship Agreement is an effort to … Continue reading
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 declared by Judge Adams … Continue reading
Confidentiality is fundamental to the mediation process. Without the promise of confidentiality, employers and employees would be much less likely to use the mediation process to resolve their disputes. Without the promise of confidentiality, mediation would not be nearly as … Continue reading