In earlier posts, here and here, we discussed some legal issues that arise in workplace investigations. In this post, we will discuss some of the privacy issues that can arise.
The investigator is often asked by nervous employees whether their identity and the information they give will be kept confidential. This cannot be guaranteed. Employees being interviewed should be made to understand that the information they give may be disclosed, in whole or in part, to other parties in an investigation as necessary.
It may not be necessary to share the identity of witnesses with other parties when, for … Continue Reading
In an earlier post, we discussed when employers may wish to conduct workplace investigations. In this post we’ll discuss who should conduct the investigation.
Being lawyers, we usually have a quick answer to this: legal counsel. We recognize, however, that clients don’t have unlimited funds. So practically speaking, each situation will have to be assessed on its own facts.
In situations where a simple fact finding determination and assessment of credibility are all that is needed, the skilled manager can suffice, with counsel in the background to point them in the right direction and give legal advice based on any … Continue Reading
With the complexity of workplace law and issues, employers are subject to an increasing number of workplace obligations. When a workplace incident arises it’s often required, or at least advisable, that an employer conduct a prompt and thorough investigation.
In this and subsequent posts, we will review some key legal issues that arise in conducting or directing a workplace investigation, including privacy, confidentiality, and the issue of legal privilege.
We will also discuss who should conduct the investigation, including when to use counsel, and when investigating counsel should be different than an employer’s usual employment counsel.
Finally, we’ll discuss some … Continue Reading