Workplace Investigations: How Much Inquiry’s Necessary?

When an employee raises a concern about workplace misconduct – even when it may not directly involve him or her – good employers will conduct some kind of follow-up on the concern.  This “initial review” often is a preliminary discussion to get enough information to make some assessment as to how significant the problem could be – is it a pervasive issue, is it an interpersonal issue between only two individuals, can any of the concerns be corroborated by minimally invasive measures such as an email search.  

In some instances, this initial review may become the totality of the investigation because nothing further was needed.  On other instances, the initial review may be the tip of the iceberg and serve as a means to understand and clarify the issues sufficiently to turn over to an investigator.  

The rub for employers is when the initial review is the investigation, but this review is insufficient to address the concerns that were raised.  When the investigation is a cursory and incomplete review, the drawbacks, to name just a handful, involve:

• the strong potential for employee perception that complaints “go nowhere”
• the image that the employer does not take concerns seriously
• the perception that complaints will not result in any real concern or change on the part of management
• a lack of motivation for employees to raise future concerns because the belief that it is a futile proposition and
• the risk of increased liability for torts and other claims that may exist that relate to the concern

Human Resources professionals can combat these longer-term, negative issues by articulating and following a clearly defined process with respect to addressing employee concerns in a manner that is commensurate with the concerns.  Notably, the fact that some follow-up has been done – even if results of the inquiry are not shared – should always be communicated back to the employee who raised the concern.  Acknowledgement that these employees have been heard and action occurred, as a result, is often overlooked and leads to unfortunate consequences with respect to morale.

Guest Blogger: Special Considerations for Small Business Owners Facing Divorce

If You Are A Small Business Owner Facing Divorce, Get Specialized Help

By Jimmy E. White, Esq.

Jimmy White advises small business owners who also trust him in Family Law matters.

 They are in the news every month – the celebrity or business owner going through an excruciating divorce that threatens to wipe out their life’s work.  I was reading an article recently about Frank and Jaimie McCourt. Frank (and arguably Jaimie) was the owner of the L.A. Dodgers until the divorce closed the door.  Ms. McCourt fought her husband tooth and nail for half ownership of the team.  When it was over, Jaimie agreed to surrender the bankrupt team to Frank in exchange for a promise of about $130 million. 

What has that got to do with you?  Maybe more than you want to know.  It is a great example of the risks of going through a divorce that involves a family business.  While most of us don’t have a gazillion dollars to fight over, many of us own small businesses.  Often one or both spouses work in the business, and when the divorce comes along, sorting out the pieces is a nightmare.  And that is just between the two spouses!

It is common for two or more individuals to own and run a business together.  One owner gets divorced and the other owners suddenly find themselves in a bad place.  Business records may be scrutinized in the divorce by experts for the parties and by the court.  The non-owner will often claim an interest in the business and may even try exerting some control over the business.  Can you imagine the heartburn?

There is no way to be completely certain to avoid such headaches, but there are precautions that may provide the business owner some security and may minimize the turmoil.  Prenuptial agreements setting out the rights of the spouses in the event of a divorce are great if done properly.  They can specify how any business interest will be treated in the event of divorce – up to and including exclusion of the business from the marital assets. 

A buy-sell agreement between owners is also critical to minimize the uncertainty associated with the divorce of any owner, since it establishes rights vis-à-vis the owners of the company.  Such agreements determine what happens if one of the owners dies or leaves the company.  I’ve heard them referred to as prenuptial agreements between the owners.

If you are unsure of where your business stands, or you own a small business and are facing (or are in the midst of) a divorce, you need to consult with counsel who are experienced not only in the field of family law, but in the field of business law and contracts as well.  If you find yourself in such a situation, give us a call.  We can help.

15 Steps to Help Employers Move through the Interactive, Accommodation Process

Reblogged from CEB Blog - Your Partner In Practice:

Disability discrimination is among the most complicated areas in employment law today. One of the reasons for all this complication is because the laws require that employers and employees engage in an interactive process. The interactive process can be a daunting endeavor for employers. Here’s a 15-step approach to take employers through this process.

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ADA Issues in the Workplace: Steps to Help Disabled Employees Succeed