WORKPLACE INVESTIGATIONS

Conducting an effective workplace investigation is more than just gathering facts. It also requires identifying the scope of what is to be investigated, determining the applicable policies, and completing a report that considers the recent challenges to the confidentiality of the investigative documents and the privacy rights of the interviewees.

Workplace investigations of employee claims and complaints have become increasingly desirable alternatives to time consuming and costly litigation. Workplace investigations are critical for effective claims management and resolution and have become the key evidence in supporting employee disciplinary actions. However, recent court and administrative decisions have held that investigative reports may be subject to disclosure under the California Public Records Act and may be disclosed to labor unions for purposes of representing aggrieved employees. As a seasoned investigator, Linda has conducted more than 250 investigations and has litigated issues involving disclosure of the investigative reports as well as maintaining the privacy rights of witnesses.

Linda’s experience includes:

• Investigating employee claims of discrimination, harassment, retaliation, and/or disability accommodation under the California Fair Employment and Housing Act (FEHA) and Title VII
  
  
• Investigating unfair labor practices under local labor relations rules and the Meyers-Milias-Brown Act (MMBA)
  
  
• Investigating employee misconduct
  
  
• Investigating violations of Brown Act Open Meeting laws
  
  
• Conducting investigations of public safety officers in compliance with the POBAR and FOBAR due process rights