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. This puts a significant burden on the employer to justify something that most investigators would agree should be a given and constrains the ability of employers to conduct thorough and accurate workplace investigations. As an investigator – I can tell you I now do some things differently.
So, what should employers and investigators to do?
To answer this question i-Sight Software will be hosting a free webinar featuring – yours truly – on October 18th from 2 to 3pm EST/11-12 PST
The webinar will explore:
- Working through the 4-prong test to prove a legitimate business need for confidentiality
- Who should decide whether or not confidentiality is necessary for a particular investigation.
- How to properly document the case for requesting confidentiality
- Various dilemmas the case creates for investigators
- Some suggested wording for retainer agreements
Here is the link to register: