Archive | Investigations

I just read an edited transcript of an ESPN reporter’s interview with former Notre Dame linebacker Manti T’eo about the hoax he says was played on him involving a fictitious girlfriend.  You can read the transcript here.  How do you think the reporter handled the interview?  What additional questions would you have asked? If I were interviewing [...]

Employers may not maintain a “blanket rule” prohibiting employees from discussing ongoing employee misconduct investigations, according to a July 30 ruling by the National Labor Relations Board. In Banner Health System d/b/a Banner Estrella Medical Center, the Board held that such a broad confidentiality rule violates Section 7 of the National Labor Relations Act, which [...]

There is usually no legal requirement that an employer tape-record investigative interviews with employees.  One exception to this rule is that many states have law enforcement officer bill of rights that do require police departments to tape record interviews in an internal investigation of a police officer. For most employers, however, you are not required [...]

In most cases, an employee does not have a legal right to demand to have his or her attorney present at an investigative interview.  An employee might have this right if he or she is a member of a union that has collectively bargained for this right or if the employee works for a government [...]