Internal Investigations

With claims of sexual harassment, retaliation, and wrongful discharge increasing, it is important that companies be able to conduct timely and comprehensive investigations of employee charges of such misconduct. The law often requires a timely and fair investigation and remedial action to avoid liability for ratification of the underlying misconduct by a failure to act and the courts are sometimes willing to reject a plaintiff's liability claim for wrongful discharge if it can be shown that the employer had a reasonable belief that the misconduct had occurred after conducting a thorough and prompt investigation. We often act as outside investigator on behalf of corporate clients for such investigations. We also train companies' managers to do such investigations themselves and coach and advise them during actual investigations they conduct, including reviewing harassment investigation reports with them. We also provide similar services to clients that may involve allegations of employee misconduct (breach of company policies and practices) or suspected criminal activity. Clement Kong and Richard Kracoff are in charge of this practice area (see Biographies).

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