Planning the Internal Investigation of Employment Issues
Learn how to determine the purpose of the investigation.
Internal investigations can serve numerous purposes. Internal investigations, effectively completed, can gather facts necessary to make business and legal decisions, e.g., whether the employer is in compliance with relevant laws or whether discipline or discharge of the accused or others is appropriate. On the other hand, the main objective served by an investigation conducted is in response to the receipt of an administrative charge or a lawsuit will likely be to assist in defense of the claim. This white paper reviews how to select an investigator and discusses how to preserve the confidentiality of the investigation and warnings or directions to witnesses regarding confidentiality.
Of counsel in the law firm of Jones Day’s San Diego office
Has represented employers for more than 40 years and has advised employers concerning dozens of complaints of sexual or other unlawful harassment, many of which resulted in litigation
Fellow of the College of Labor and Employment Lawyers and has been recognized since 1993 in The Best Lawyers in America
For many years has presented for Lorman Education Services on conducting internal investigations of employment claims
In the 1990s he was part of a team that provided anti-harassment training to the court staff and justices of the California Courts of Appeal and the California Supreme Court
Recently co-wrote a paper analyzing the California Fair Employment and Housing Council’s regulations on discrimination and harassment
Currently the amicus coordinator and a former chair of the Employers Group Legal Committee, a group of 18 prominent California lawyers who represent the interests of employers, as amicus curiae, in important employment and labor cases before the California and federal courts; in that capacity he was the author of a successful amicus brief in the important harassment case of Lyle v. Warner Brothers, in which the California Supreme Court addressed claims of environmental harassment involving the Friends television show