Tag: investigation

Caught AND recorded in the act

E-mails, audio recordings, and video surveillance. This trifecta of evidentiary support was put front and center in two disturbing incidents from the sports world that made headlines in the past week. Earlier this week, Atlanta Hawks controlling owner Bruce Levenson stepped down, stating his intention to sell the team, because of a 2012 e-mail that he […]

Number of States Allowing Medical Marijuana Expected to Grow

Maryland is expected to soon become the 19th state to legalize medical marijuana. Maryland Gov. Martin O’Malley (D) told the Associated Press that he “probably” would sign the measure passed by the Maryland Legislature earlier this month. The bill would allow academic medical research centers to prescribe marijuana to critically sick patients under limited circumstances. […]

FLSA Violations Are Out of Fashion, Says DOL in Targeting Apparel Industry

A sweeping new U.S. Department of Labor enforcement initiative targeting California’s apparel industry may highlight wage and hour compliance issues for retailers and manufacturers. The companies that make, ship, market and sell clothing have long faced scrutiny over labor practices but industry proponents argue that they have made great strides. DOL appears to disagree, launching […]

County hammered with $820,000 verdict for not protecting disabled employee

By Michael Futterman and Jaime Touchstone California’s Fourth Appellate District recently upheld an $820,000 harassment verdict against Orange County for failing to stop or prevent nearly eight months of continuous harassment of a disabled corrections officer by county employees. Let’s take a look at the case. Disabled corrections officer harassed online and at work Ralph […]

Investigations Are Tricky—These Sample Questions Will Help

Misconduct investigations are never easy for any HR manager. But they’re necessary and no one’s going to escape that duty for long. To make the job a little easier, attorney Jennifer Brown Shaw offers her suggestions for how to brief and question the complaining employee, the accused employee, and witnesses. Shaw is a partner in […]

Aged Like a Fine Wisconsin Parmesan

Litigation Value: More fodder for a potential lawsuit by Oscar Martinez; at least $10,000-15,000 to help Dunder Mifflin muddle through the competing Darryl-Dwight complaints — and the only reason it is that low is that, at the end of the day, neither is likely to want to escalate their dispute further. Tonight we were treated […]

Gender Stereotyping Not Grounds for Termination

If there’s a critical time to watch what you say in the workplace, it’s when you terminate an employee. If an employee is accused of sexual harassment or other misconduct, ensure that you conduct a fair and comprehensive investigation. Don’t make the mistake of assuming that the allegations are true just because a complaint was […]

Employee Must Pay for Investigation into Her Own Theft

McCarthy Tetrault If you have ever thought it wouldn’t be worth the cost to investigate an employee’s criminal misconduct, the recent decision in Canada Safeway Limited v. Brown, [2007] B.C.J. No. 2400 (S.C.) might make you reconsider. Not only was the employee ordered to pay back the money she stole, the judge tacked on six […]

When Employees Don’t Pack Their Inhibitions for Business Trips

The more employees travel for business, the more exposure employers have — often with costly consequences. Businesses must be prepared for problems that might arise when male and female employees travel together, whether domestically or internationally. Contrary to popular belief, what happens in Vegas doesn’t really stay in Vegas — it gets told in court. […]