Articles by Rachel Ablin, Esq.

Employers Should Take Bullying Claims as Seriously as Harassment Claims

The #MeToo movement has significantly increased recognition of, and simulated a national conversation about, workplace sexual harassment over the last year. However, employers should also remember there are other serious types of employment misconduct that can have repercussions for the organization if ignored. One of those issues is bullying.

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Factors To Consider When Using Internal Investigators

When choosing an investigator or team to look into alleged workplace misconduct, organizations must determine whether to use internal resources or to bring in third party investigators from outside the company. When using internal personnel to conduct interviews, gather evidence and make recommendations, companies can benefit from the investigator’s in-depth knowledge of the organization. However, relying on in-house staff to make recommendations also comes with some potential pitfalls that could be avoided by using an external third party.

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Making Credibility Determinations in Workplace Investigations

In some employee misconduct allegations, the facts are clear and undisputed. However, in others, the outcome hinges on how credible the investigator feels the complainant and/or witnesses are. When one person’s statements contradict or simply don’t align with what someone else said happened, you may need to make a judgment call. Consider the following questions when you’re faced with this type of “he said/she said” investigation

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