The NLRB recently ruled that employers who tell employees involved in an internal investigation to keep the details of the investigation confidential must now be prepared to prove that the confidentiality restriction is necessary to further a legitimate business need.
- Working through the 4-prong test to prove a legitimate business need for confidentiality
- Who should decide whether or not confidentiality is necessary for a particular investigation.
- How to properly document the case for requesting confidentiality
- Various dilemmas the case creates for investigators
- Some suggested wording for retainer agreements