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Posts from November 2013.
November 14, 2013
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Gavel (00391042).jpgWhile employers strive to prevent workplace conflict, complaints about employee conduct may still arise.  When the complaint involves discrimination or other unlawful conduct, it is important for the employer to thoroughly investigate the complaint and take appropriate action if the complaint is substantiated.

To manage these investigations, some employers rely on their in-house counsel.  However, in-house counsel should not be the first line of defense when investigating an employee complaint, as counsel can become a trial witness and all documents not otherwise protected by attorney-client privilege are discoverable.  This includes notes by counsel about discussions with employees during the investigation – notes most employers would rather keep to themselves.