Category Archives: Investigations

Investigation Training Institute – Association of Workplace Investigators

The quality of an investigation can easily become the deciding factor in resolving an internal complaint or become the solid evidence you need if your case goes to court.  Of course, your investigation can also put a smile on a … Continue reading

Posted in Investigations | Leave a comment

238k Reasons Why Interviewing the Complainant and Alleged Wrongdoer Simultaneously Is a Bad Idea

I swear it’s true. Mendoza v. Western Medical Center Santa Ana.  (CA Ct of Appeal, filed 1/14/14) Mendoza received a nice jury award of $238k.  This is another case about the importance of conducting a good faith investigation. Facts: Mendoza … Continue reading

Posted in Investigations | 1 Comment

Investigation Training in Houston and Dallas

I love delivering investigation training and I get to do just that in Houston on Monday, January 13 and then in Dallas on Tuesday, January 14.  The training is interactive – no ppt and is filled with tips, tools and, … Continue reading

Posted in Investigations | Leave a comment

$1M Arbitration Award for Shoddy Investigation

I am hoping the title of this post got your attention.  I was retained as an expert for the plaintiff in a case that alleged a poor investigation, breach of implied contract and defamation.  Last week the arbitrators awarded the … Continue reading

Posted in Investigations | 1 Comment

Women harassing men? No way…

Today I read an interesting article about the Co-CEO of Archie Comics, Nancy Silberkleit who was recently sued for $32 million by 5 male employees.  Silberkleit is accused of yelling “Penis! Penis! Penis!” during a business meeting and allegedly acting … Continue reading

Posted in Harassment, Investigations | 3 Comments

Please join me for a free webinar on Investigating Sexual Harassment on 10/31

Managers, HR professionals and investigators must sometimes deal with employees who allege they are being sexually harassed at work. In order to address the allegations properly, they must interview the accuser and accused, verify facts and investigate the harassment allegations … Continue reading

Posted in Investigations | Leave a comment

A Few Thoughts on Winning and Losing (Go Giants!)

I am not a big sports fan and tend not to use sports analogies in my writing or training. But when you live 20 minutes from a team headed to the World Series, you become, as if by osmosis, a … Continue reading

Posted in Investigations | Leave a comment

Please Join Me for a Free Webinar on the NLRB Confidentiality Dilemma

The NLRB recently ruled that employers who tell employees involved in an internal investigation to keep the details of the investigation confidential must now be prepared to prove that the confidentiality restriction is necessary to further a legitimate business need. … Continue reading

Posted in Investigations | Leave a comment

The NLRB Says Go Ahead and Talk about Investigations…

You read the blog title, slap your head and say, “Really?” Last week the NLRB came out with a decision that really has HR and employement attorneys rolling their eyes. In its Banner Health Systems decision, the Board ruled that … Continue reading

Posted in Investigations | Leave a comment

What I Learned from Jerry Seinfeld

Last week Jerry Seinfeld was the entertainment at the SHRM Annual Conference held in Atlanta. He was dressed in a suit which I greatly admired – he took his audience seriously. He was in perfect form and had about 15,000 … Continue reading

Posted in Investigations | Leave a comment

Lessons from Mad Men #1

Ok, so I am a recent addict of the hit show Mad Men and love it.  Although, as an employment attorney I often watch with a gurgling stomach as I am bombarded with non-stop drinking and sexist, racist, homophobic language … Continue reading

Posted in General, Investigations, Legal Issues, Management | Leave a comment

Yikes! 2d Circuit Finds Title VII Does Not Protect Internal Investigators

Every internal HR investigator’s nightmare came true for HR Director Karlean Grey-Allen when she was allegedly fired in retaliation for investigating a receptionist’s allegations of harassment against the company’s vice-president (who happened to be married to the president of the … Continue reading

Posted in Investigations, Legal Issues | 1 Comment

AT&T hit for $5M Religious Discrimination Verdict

In 1999, when Susan Bashir began working for Southwestern Bell, a unit of AT&T, she was Christian. In 2005, she converted to Islam and, well, her world changed.  Bashir alleged her managers and co-workers began calling her a “terrorist” as … Continue reading

Posted in Discrimination, General, Investigations | Leave a comment

Ever wish you could use an Etch A Sketch to change something you did or said?

“I think you hit a reset button for the fall campaign. Everything changes,” Fehrnstrom responded. “It’s almost like an Etch A Sketch. You can kind of shake it up, and we start all over again.”  These words were recently said … Continue reading

Posted in Investigations, Sensitivity Training, Training | Leave a comment

Do you have trouble getting your investigation witnesses to talk?

One of my favorite subjects to train on is investigations. As an investigator I know how hard it is at times to get a witness to open up and give me the valuable information they may have (or not.) Yet, all-too-often, … Continue reading

Posted in Investigations, Webinars | Leave a comment

You Want Me to Investigate WHO?

If you have ever been asked to investigation the CEO, VP, or other high level employee you know it can be quite challenging. On Wednesday, I will be delivering a 90-minute webinar on the practical and legal implications of investigating a … Continue reading

Posted in General, Investigations, Webinars | Leave a comment

Dig deeper during your investigation interview

I will be delivering a three-hour session on How to Conduct a Legal, Thorough Work Workplace Investigation at the annual California Employment Law Update Conference in Berkeley on November 2.  As part of the promotion, I was asked to share … Continue reading

Posted in Investigations | Leave a comment

Me, too!

Put your seatbelts on, it’s going to be a rocky ride – it just got a little easier for a plaintiff to make his or her harassment case. On August 9, 2011, the California Court of Appeal ruled in Pantoja v. … Continue reading

Posted in General, Investigations, Training | Leave a comment

Is there a Weiner in your workplace?

Ok, the jokes are everywhere about now former Sen. Weiner.  But, as professionals focused on workplace issues, I encourage you to sit back and ask yourself if you could have an Anthony Weiner in your midst.  Many of you provide … Continue reading

Posted in Investigations | Leave a comment