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Internal Investigations Employee Misconduct

Sands Anderson PC

Before Doing Your Own Workplace Investigation—a Cautionary Tale

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A few years ago, a friend of mine was part of an organization that received complaints about one of its leaders, which led to questions about whether the leader should be fired. The organization debated internally about what...more

BCLP

Private life and disciplinary dismissal

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In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

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A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more

A&O Shearman

D&I in FS: new rules and guidance on non-financial misconduct

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The FCA is focused on reducing non-financial misconduct to enhance the reputation of the UK financial services sector. Spurred on by positive levels of engagement with its 2021 discussion paper, the FCA’s latest consultation...more

Thomas Fox - Compliance Evangelist

Improving Your Compliance Program Through a Culture of Speak Up

I recently concluded a podcast series with Case IQ. Over this series, I visited with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Compelled Interviews Admissible in Criminal Prosecution Against Former Company President and Its General Counsel

A New Jersey federal court has ruled that a company’s self-disclosure of potential Foreign Corrupt Practices Act (FCPA) violations did not render the company a state actor, allowing evidence obtained by its internal...more

Troutman Pepper

How to Combat Corporate Theft: Office Space - Hiring to Firing Podcast

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Corporate theft can happen in any workplace. What type of employee is most likely to steal from the company or its customers? What can companies do to combat this? Partners Tracey Diamond and Evan Gibbs chatted with Troutman...more

Ius Laboris

Dos and Don’ts for internal investigations

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Internal investigations may concern different types of misconduct and could come about as a result of a whistleblower’s report, a complaint or even an item in the media. However they arise, you will need to find out what...more

Stikeman Elliott LLP

Salina v. Investors Group: Employers Do Not Owe a Duty of Care to Employees in Connection with Workplace Investigations

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In Salina v. Investors Group Financial Services Inc., 2023 BCS41 C 86 (the “Decision”), the Supreme Court of British Columbia (the “Court”) considered the question of whether an employer owes its employee a duty of care in...more

Bass, Berry & Sims PLC

Third Circuit Upholds Firing of Whistleblower Accused of Harassment by Oinking

On August 26, the U.S. Court of Appeals for the Third Circuit issued an order reaffirming that potential False Claims Act (FCA) whistleblowers are not immune from being fired for workplace misconduct, especially where that...more

Fisher Phillips

Managers Strike Back? What Sports Organizations Need to Know as Misconduct Accusations Lead GMs to Team Up

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The recent termination of Portland Trail Blazers General Manager Neil Olshey has brought workplace culture and bullying to the forefront of professional sports’ front offices nationwide. As shown in the Olshey case, teams...more

K2 Integrity

[Webinar] Practical Dilemmas in Internal Investigations - June 24th, 10:00 am - 11:00 am ET

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Internal investigations have a variety of triggers and are often initiated to explore allegations of potential fraud, bribery and corruption, data leakage, or anticompetitive behavior. The common objective of all internal...more

Laner Muchin, Ltd.

Seventh Circuit Reiterates Who is “Similarly Situated” for Purposes of Title VII Claims

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In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the requirements that must be met for an employee to identify a similarly situated comparator for purposes of a Title VII claim. Gamble v. FCA...more

CDF Labor Law LLP

Investigating Employee Misconduct In The Age of “Cancel Culture”

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What is “cancel culture”? During the last few years, there has been a groundswell of cultural movements seeking to rectify transgressions against traditionally marginalized groups, including women, Black people, members of...more

Littler

The Netherlands: Court Awards Damages to Manager Properly Fired for Misconduct Due to Unfair Investigation

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A recent Dutch Court of Appeal decision demonstrates the importance of conducting a fair investigation into charges of employee misconduct. The court in this case awarded “immaterial” damages to a manager whose job was...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations

Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk....more

Farrell Fritz, P.C.

No Internal Investigation Is Complete Without ESI

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When allegations of employee misconduct are alleged, companies must respond swiftly. Indeed, “insider threats” can cause significant damage to a company. These threats come in many different forms, including: •Accounting...more

McGlinchey Stafford

The ABCs of Employee Theft [More With McGlinchey Ep. 7]

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Workplace theft can run the gamut from office supplies to petty cash to trade secrets. In this episode of “More with McGlinchey,” Labor and Employment attorney Camille Bryant and Dan Plunkett of the Commercial Litigation and...more

Littler

Legislative Highlights for Oregon Employers in 2020

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Oregon’s active 2019 legislative session has prompted the need for several policy and handbook updates for employers doing business in Oregon.  This Insight provides an overview of the most notable recent employment law...more

Latham & Watkins LLP

Prioritizing Corporate Culture: Lessons for Companies from the Major League Baseball Sign-Stealing Investigation

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The MLB Commissioner held senior leadership accountable for illegal sign stealing - even though the conduct generally involved players and low-level operations employees. On January 13, 2020, Major League Baseball (MLB)...more

Society of Corporate Compliance and Ethics...

[Event] Internal Investigations Workshop - January 22 - 24, San Francisco, CA

The SCCE Internal Investigations Workshop provides two days of focused training on conducting compliance-related internal investigations, the domestic workshops also offer an optional third day post conference. Learn from...more

Harris Beach PLLC

[Event] Fall 2019 Workplace Harassment Prevention Training - October 24th, New Haven, CT

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Harassment in the workplace is a common complaint of employees, and creates a liability for your business. The key to the prevention of unlawful harassment in the workplace is training. In this program we will review the law...more

Littler

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

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In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

Hanzo

Real-World Social Media Investigations: Online Actions Have Consequences

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Social media—from Facebook and Twitter to Instagram, LinkedIn, Reddit, YouTube, and more—has become the place where people go to find their tribe. Whatever their shared passion, from the pedestrian to the offbeat to the...more

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