WHAT CONSTITUTES ADEQUATE WORKPLACE INVESTIGATION?
California courts have made it clear that workplace investigations are required in many circumstances including when harassment, discrimination or retaliation occur. As a result, workplace investigations have become increasingly important in employment litigation. The result of this has been an increased scrutiny of workplace investigations.
Fundamentally, the trier of fact must examine whether the required investigation was of a quality sufficient to meet the employer’s obligations under the law. In California, two cases established benchmarks by which many investigations are still judged: Silva v. Lucky Stores and Fuller v. City of Oakland. Among the factors discussed in those cases were:
• Investigating promptly
• Choosing the right investigator
• Being objective
• Interviewing all relevant witnesses
• Looking for and reviewing relevant documents
• Conducting a fair analysis of the facts.
The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.
Are you or anyone you know been harassed, discriminated or retaliated at work? Contact the Law Offices of Payab & Associates @ (818) 918-5522 or visit http://payablaw.com/ if you have any questions regarding your rights at the workplace.