Over the years, the National Labor Relations Board ("NLRB") has vacillated on the issue of whether "Weingarten rights" apply to nonunion employees. Weingarten rights derive from the 1975 US Supreme Court case NLRB v. Weingarten, where the Court announced that unionized employees have the "right" to have a union representative present during
Choose Wisely When Using an Employee to Conduct Your Workplace Investigation.
"Neutrality" is the name of the game. In the recent California case of Nazir v. United Airlines, Inc., the court gave strong cautionary advice about choosing the right workplace investigator.
The Nazir court raised the point that this particular employer (United Airlines) had extensive rules and policies about the investigation of employee
What Makes a Workplace Investigation Thorough?
The California Supreme Court in Cotran v. Rollins Hudig Hall International, Inc. established what constitutes "good cause" to terminate an employee under an implied contract that requires "good cause" to terminate. The Court held that in such cases an employer does not have to prove that allegations of misconduct are true, just that the employer