March 2012

WHEN SHOULD AN EMPLOYER INVESTIGATE? (PART 3)

By Debra Reilly on March 23, 2012

investigations should be conducted in cases where no one formally complains yet the employer has learned of a claim of wrongdoing via an anonymous tip, citizen complaint, rumor, hearsay, or third-party employee complaining on behalf of the victim. An employer can be charged with constructive notice of the alleged wrongdoing, even if no one complains…

WHEN SHOULD AN EMPLOYER INVESTIGATE? (PART 2)

By Debra Reilly on March 19, 2012

Posted in Investigation Tips

In deciding whether an employee complaint rises to the level of alleged illegal activity or company policy violations, employers should interpret the incoming complaint very broadly and err on the conservative side by investigating anything that comes remotely close to illegal activity or company policy violations—especially if the allegations are against a supervisor (due to…

WHEN SHOULD AN EMPLOYER INVESTIGATE? (PART 1)

By Debra Reilly on March 18, 2012

Posted in Investigation Tips

Some types of employee complaints must be investigated as a matter of law, e.g., sexual harassment complaints. Although no statutes regulate how investigations must be conducted, the California Fair Employment and Housing Act (FEHA) (Cal. Gov’t Code §§12900–12996) requires an employer to take “immediate and appropriate corrective action” when faced with a covered…

Sexual Harassment Investigator Training in San Diego Area

By Debra Reilly on March 12, 2012

Posted in News and Announcements

Because I have received many requests to provide internal training to employees on how to conduct sexual harassment investigations, I will be offering open training on the subject to anyone interested, but the training will be geared towards Human Resources Professionals, Private Investigators, and Attorneys. Attendees of any background are welcome to attend, but some…

Throughout her 30-year legal career, Debra L. Reilly has conducted over 900 internal workplace investigations for various counties, municipalities (including police departments and fire departments), water districts, sanitation districts, transportation authorities, public and private elementary schools (K-12), private and public colleges and universities, the United States Postal Service (holding a “sensitive” security clearance by the Postal Inspector’s Office), and a multitude of private sector employers . Debra has conducted employment investigations throughout the United States and California. She has testified in depositions, arbitrations, and trial concerning the findings of her investigations. Given her legal training and litigation experience representing both management and employees, Ms. Reilly’s investigations are impartial, objective, and thorough. Ms. Reilly has also testified as an expert witness in Human Resources standard practices in conducting harassment and discrimination investigations, as well as Human Resources standard practices in conducting reasonable accommodation assessments of disabled employees and engaging in the interactive process.