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Do you do workplace investigations? Think about AWI

I’ve blogged before about the Association of Workplace Investigators, an organization dedicated to enhancing the quality of, as the name suggests, workplace investigations.  I’m holding a Cleveland...

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Workplace investigations: balancing “prompt” and “thorough”

If there are two buzzwords that capture what the courts are looking for in workplace investigations, they are prompt and thorough.  Prompt, meaning once an employer is on notice of the need to...

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Workplace investigation update: the Miami Dolphins investigation report is in

The report commissioned by the NFL to look into allegations of bullying raised by former Dolphins teammate Jonathan Martin by offensive lineman Richie Incognito was completed last week.  (Click here to...

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Selecting a workplace investigator: the appearance of independence can be as...

Employers know that when allegations of wrongdoing in the workplace arise (e.g., harassment, discrimination), they have a legal obligation to conduct an investigation.  Such an investigation is also...

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Prompt remedial action beats harassment claim

In Williams-Boldware v. Denton Cnty, the Fifth Circuit reversed a jury verdict on a race-based harassment claim.  The reversal was based on the employer’s prompt remedial action. The facts: an employee...

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Is your workplace investigation protected by the attorney-client privilege?...

In my practice as a workplace investigator, I am often brought in by an employer’s regular outside counsel.  The idea is that as a neutral third party, I bring an independence to the investigation that...

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Avoiding claims for assault and battery in the workplace

There has been an increase in state law claims for assault and battery in the workplace.  Employers should understand these claims and know how to best avoid them.  Civil assault is generally defined...

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Investigation don’t: do not promise to release your report

Back in January I blogged about a Minnesota Vikings investigation into allegations made by former player Chris Kluwe that he was let go based on his pro-gay marriage stance (here).  I commended the...

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“One time at band camp” and Ohio State’s firing of band director over “sexual...

Ohio State University recently fired its marching band director Jonathan Waters after an internal investigation revealed “serious cultural issues and an environment conducive to sexual harassment”...

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Effectively defending a harassment complaint

The recent case of Simpson v. Big Lots Stores provides a great example of how an employer can successfully defend against a serious complaint of sexual harassment.  Before sharing the facts, let’s...

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