An Upjohn Warning is a disclosure to employees of a company that legal representation is not extended to individual employees but rather covers the company only. Upjohn warnings are typically issued when an internal investigation is ongoing, or if the company is being investigated by regulators. Sometimes called a Corporate
Employers can be held liable for harassment that occurs in the workplace when it fails to establish a harassment complaint system or respond to reports of harassment. The employer can be held responsible for the actions of its supervisors, employees, customers, and other parties. Employers may develop harassment guidelines and an
When selecting a fraud investigator, one of the important skills to consider is report writing. After the investigator concludes the investigation, the report is what is left. This report may help inform the employer about important aspects of the investigation and provide protection in the event that a legal claim
Texas – HB 88: Leave to Care for Foster ChildPassed May 16, 2017. Signed by Governor on May 26, 2017. This law will require employers to treat foster children with the same rights as biological or adopted minor children for any leave-related policies. The act will take effect on September
Hostile work environments ..If not investigated and abated by the employer, can lead to litigation against the employer. This is especially true when the employer acts in a negligent fashion when it comes to investigating harassment claims and disciplining employees that are found to violate the civil rights of other
The concept of off-duty misconduct and any on-duty punishment that may occur can sometimes be a slippery slope. While there are plenty of instances of people being fired or reprimanded for their off-duty behaviors, there are also instances of terminated employees fighting for reinstatement under the guise that their off-duty
Gossip has a funny way of turning a perfectly friendly workplace into a hostile one. In line with harassment and bullying, gossip can covertly take hold and merely become part of the culture. In an overly digital world, the days of chatting at the water cooler are over, but that
In some situations, an employee may become undesirable to retain in the current position. However, an employer may not have documented the poor performance and may be hesitant to terminate the employee due to fear of litigation. Due to this real concern, it is important to handle poor performance termination issues
There are several questions that Treaty Oak ELG receives with regularity from organizations that have not previously hired or conducted investigations in their facilities. The questions stem primarily from a concern about meeting legal obligations and control of the process, and they are often related to obligations that they do
One of the difficult tasks of employers is to balance their own needs with the expectation of their employees’ privacy in the workplace. This issue may arise when dealing with employee email. Whether an employer decides to review its employees’ email often depends on the reason for doing so and the
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