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
In 2000, after practicing law at a San Francisco labor and employment boutique, Allison West, SPHR started Employment Practices Specialists where she uses her employment law background, coupled with sound knowledge of human resources practices, to help employers create a safe, respectful and productive work environment. Allison specializes in conducting workplace investigations for employers of all sizes and industries on a variety of topics. Allison also delivers interactive investigation training programs for beginner to expert investigators. Additionally, Allison is a frequent, top-rated speaker on employment law topics at national and local HR industry conferences.