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Can You Fire an Employee who Refuses to Participate in an Internal Investigation? The 2nd Circuit Says Yes.

When an employee is accused of misconduct, particularly when those allegations are criminal in nature, conducting an internal investigation is a best practice. But what is an organization to do when the alleged offender refuses to show up for an interview? May it go so far as to fire the employee, even if that means the employee loses out on benefits or other compensation? A recent case from the Second Circuit Court of Appeals says it can.

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Reporting Child Abuse in Obscure Contexts

sad-child-park-benchIf your organization is in the United States or other countries with well-established child abuse reporting laws, then reporting is simple. If the alleged abuse happened in a country where reporting protocol is not established—or you have a multijurisdictional nightmare—or abuse that is historic—it may not be clear whether and how to report.

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Safety Plan - Part 2: Psychological Aspects

Safety PlanSome issues I am wondering about just now. How long a perpetrator is required to be disciplined, punished, under observation, or under some kind of special plan? There are psychological aspects of a safety plan in the aftermath of an investigation... 

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Initial Concerns in Setting up an Investigation

InvestigatorA good investigation requires many complex skills that include managing the investigation, doing interviews, and making credibility determinations. A credibility determination requires the investigative team to analyze the facts and decide the truth of the matter, sometimes with conflicting evidence. The investigation must be done skillfully and must consider legal issues.

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Part 7: Open Communication and Impartiality in Investigations

This is quite helpful Theresa. I think the biggest issue here, is, wait for it, …communication! Part of me still struggles with wondering if it is possible to investigate a complaint by a party, gather information through an investigation through all parties, and end up by determining that the complaining party is more the problem than anyone else. 

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Part 6: What Reports or Observations Trigger an Investigation

investigationsIn our hypothetical, Tom and Sally reached out and made allegations to the mission leader. It seems fairly obvious this should have triggered an investigation. But we probably want to spend more time thinking about how investigations get started. When should you investigate? A number of situations may call for an investigation. 

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