Investigations

Do you really need that workplace investigation? In many cases, the answer is absolutely “yes” …it may even be legally required. Read on to find examples of when “Yes, you should have an investigation!”

This post cautions about what not to do in an internal employment investigation and provides four helpful tips to avoid mishandling a complaint of sexual harassment.

A multi-chapter resource about employment investigations for religious organizations, including the importance of these investigations and how to develop a framework for conducting them.

Telios Law outlines a recent case on how missteps in an internal HR investigation of a sexual harassment complaint ended up costing an employer in the end.

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.

Recently, a court has allowed to go forward most of a case against the Roman Catholic Archbishop of San Francisco. The case alleges that the school did not investigate, refused to apply the ministerial exception defense, and did not find any formal religious decision-making process. What lessons can be learned here?

A 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.

Therapeutic processes and legal processes are different. Certain things are appropriate in the therapeutic process that are not acceptable in a legal process. Absolute factual accuracy is not the primary goal of therapy. In the world of an investigation, with livelihood and organizational survival on the line, impartial factual accuracy is very important.