Internal investigations of alleged employee misconduct are essential to ensuring not only workplace compliance with law and employer policies, but also to ensuring a secure workplace for employees. But investigations can easily go wrong, too – fast. Poorly planned or conducted, investigations can exacerbate the initial grievance or expose employers to additional liability as employees in the investigation believe they were wrongfully discharged or became the object of retaliation. The use of social media in the workplace has greatly complicated investigations, providing fertile sources of information but also substantial risks for additional liability. This program will provide you with a practical guide to employment investigations in the workplace, including sources of employer liability and how to reduce those risks.
Effective employment law investigations and avoiding employer liability
When and what to investigate and how – essential steps to get the right information without increasing an employer’s litigation risk
Social media issues – monitoring, invasions of privacy, workplace policies and wrongful use
Statutory and common law sources of legal liability for employers conducting investigations
Good faith requirement in investigations and affirmative defenses to employee claims of wrongful termination
Relationship of investigations, harassment and retaliatory discharge claims
James P. Carter is a partner in the Costa Mesa, California office of Paul Hastings, LLP, where he counsels and defends employers in all aspects of employment law, including discrimination, harassment, wrongful termination, retaliation, and wage and hour claims. He represents clients in many industries including financial, bio-tech, restaurant and food, aerospace, high-tech, property management, and insurance. He is also a member of the executive committee of the Labor & Employment Law Section of the Orange County Bar Association. Mr. Carter earned his B.A. from Brigham Young University and J.D. from Brigham young University Law School.