News & Analysis as of

Retaliation Workplace Investigations

Society of Corporate Compliance and Ethics...

[Virtual Event] Encouraging, Managing, and Integrating Employee Reporting - May 30th, 8:00 am - 5:00 pm CT

Optimize your compliance program with a “speak up” workplace culture - Building an organizational culture that encourages employee reporting is key to compliance program success. When employees are comfortable voicing...more

Fisher Phillips

Snapshot on Workplace Safety: Will SCOTUS Whistleblower Ruling Have Broader Impact on OSHA Investigations?

Fisher Phillips on

Welcome to this edition of the FP Snapshot on workplace safety, where we take a quick snapshot look at a recent significant workplace law development that affects your safety and health programs. This edition is devoted to...more

Constangy, Brooks, Smith & Prophete, LLP

Want to fire your employee for FMLA fraud?

Don't shoot from the hip. Let's say you have an employee who is in Week Six of "employee's own serious health condition" leave under the Family and Medical Leave Act. Her co-worker comes to you and tells you that the...more

Genova Burns LLC

NJ Appellate Division Upholds Requests, Not Commands, By Employers to Maintain Confidentiality in Employment Investigations

Genova Burns LLC on

On February 28, 2022, the New Jersey Appellate Division ruled that a request for confidentiality by an investigator in connection with a discrimination or harassment investigation is valid and does not violate an employee’s...more

BakerHostetler

[Virtual Event] Unprecedented: The State of Labor Relations and Employment Law Master Class - OSHA Compliance in the Midst of a...

BakerHostetler on

Please join us for BakerHostetler’s Unprecedented: The State of Labor Relations and Employment Law Master Class. Our 8th Annual Master Class will be virtual, due to the pandemic, and it will still offer all new high-level...more

Obermayer Rebmann Maxwell & Hippel LLP

Employer’s Swift Decisive Action Helps Defeat Hostile Work Environment Claim

On October 24, 2019, Judge Cathy Seibel of the Southern District of New York issued her ruling granting Defendants’ summary judgment motion in the matter of Lawrence v. Chemprene, Inc., et al., 18-CV-2537. While the...more

Fisher Phillips

Heed The Flashing Lights – Or 5 Ways To Avoid An Employment Litigation Trainwreck

Fisher Phillips on

When railroad crossing lights flash and whistles blare, everyone knows to stop, look, and listen. Those signals represent a warning, not a permanent roadblock to proceeding. The same is often true of workplace controversies....more

BCLP

When Employee’s Trip to the Beach May NOT Support A Suspicion of FMLA Fraud

BCLP on

Employers are not obligated to tolerate employee misuse of FMLA leave.  Examples abound in which an employer learns – often through an employee’s social media posts or through information from an employee’s co-workers – that...more

Bradley Arant Boult Cummings LLP

For Employers in the #MeToo Era: It’s Not the Harassment Claim, It’s the Retaliation Claim that Gets You

The era of #MeToo has caused employers to hyper-focus on harassment claims. They have fine-tuned their policies, investigated claims more carefully, and acted swiftly and sometimes even in a draconian fashion upon finding any...more

Fisher Phillips

Honesty Is The Best Policy: An Employer’s Guide To Combatting FMLA Fraud And Abuse

Fisher Phillips on

It is officially summertime. And with warm temperatures and the draw of fun in the sun comes one of the largest challenges for leave and absence managers: Family and Medical Leave Act (FMLA) fraud and abuse. Unfortunately,...more

Nutter McClennen & Fish LLP

Writing for Massachusetts Lawyers Weekly, David C. Henderson Analyzes Paid Administrative Leave

David C. Henderson, a partner in Nutter’s Litigation Department and member of the firm’s Labor, Employment and Benefits practice group, published an article in Massachusetts Lawyers Weekly that examined the recent U.S....more

Sheppard Mullin Richter & Hampton LLP

EEOC Data Confirms #MeToo’s Impact: Six Keys for Employers in the Wake of This Powerful Cultural Moment

A 21st Century Social Movement - In this age of interconnectivity, compelling societal movements have a never-before-seen speed and reach. Traditional means of spreading information and generating social change have been...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

Butler Snow LLP on

A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

Fisher Phillips

Part II - Lessons Learned from Union Corporate Campaign Against Tesla Using Worker Safety.

Fisher Phillips on

Part II - Corporate campaigns - first the press and then the OSHA complaints.... Multiple Rounds of Cal-OSHA Inspections. Cal-OSHA has opened four investigations into Tesla, which clearly reflects union, California...more

Fox Rothschild LLP

Eight Steps To Avoid Getting Sued Over Your Investigation

Fox Rothschild LLP on

Thorough investigations can protect employers from claims that their decisions were discriminatory, retaliatory, or in bad faith. Conversely, a defective investigation can increase an employers’ exposure to those same claims....more

Proskauer - Law and the Workplace

Seventh Circuit: EEOC May Continue Investigation After Dismissal of Private Lawsuit

The Seventh Circuit recently concluded that the EEOC’s investigative powers do not end when a lawsuit related to the originating charge ends. EEOC v. Union Pacific, No. 15-cv-3452 (Aug. 15, 2017)....more

Proskauer - Labor Relations Update

Circuit Court Rejects Attack On NLRB’s New Witness Rule

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Fisher Phillips

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

Fisher Phillips on

The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

Ward and Smith, P.A.

How to Survive a North Carolina Department of Labor OSH Investigation

Ward and Smith, P.A. on

Your business may be subject to an investigation by the North Carolina Department of Labor, Occupational Safety and Health Division ("OSH") at any time. Investigations may occur because of an on-the-job accident or a...more

NAVEX

[Webinar] 2016 Ethics & Compliance Virtual Conference - Harnessing the Business Value of an Ethical Culture - November 15th,...

NAVEX on

Join professionals in ethics and compliance, human resources, legal, audit and training for the annual 2016 Ethics & Compliance Virtual Conference! Learn strategies to help you build a better governed, more risk-aware, and...more

Foley & Lardner LLP

Top Five Best Practices for Workplace Investigations

Foley & Lardner LLP on

A well-conducted investigation can reduce workplace conflict, promote job satisfaction and inclusion, and can also help shield you from legal liability. However, the converse is also true — a botched investigation can have...more

BakerHostetler

Can Employers in the Fifth Circuit Be Liable for Retaliation Under Title VII When the Decision Maker Had No Retaliatory Motive?

BakerHostetler on

In Zamora v. City of Houston, 14-20125 (Aug. 19, 2015), the Fifth Circuit joined the Sixth, Eighth, and Tenth Circuits in holding that the “cat’s paw” theory of causation can also be utilized in Title VII retaliation cases,...more

McAfee & Taft

Don't let medical absences cloud your judgment

McAfee & Taft on

In late January, the Tenth Circuit Court of Appeals issued a decision in Smothers v. Solvay Chemicals Inc. (No. 12-8013, 10th Cir. Jan. 22, 2014) that emphasized the importance of conducting a proper investigation and...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide