What's Happening?
Mayer Brown's Employment and Benefits Group has released a podcast discussing the key steps in conducting employment investigations. The podcast, led by Chris Fisher and Hagen Köckeritz, provides a practical
playbook for handling internal investigations amid increasing complaints and regulatory scrutiny. It covers when to take formal or informal approaches, preserving evidence, maintaining confidentiality, and selecting impartial investigators. The discussion also addresses scoping, interviews, data privacy, and cross-border constraints, offering guidance to employers, HR, and in-house teams on running credible investigations.
Why It's Important?
The rise in employment complaints, particularly following movements like Me Too, has increased the need for robust internal investigations. Properly conducted investigations can reduce litigation risks and ensure compliance with regulatory standards. The podcast provides valuable insights for employers navigating complex legal and procedural challenges, emphasizing the importance of planning, confidentiality, and legal privilege. As companies face heightened scrutiny, these guidelines can help maintain organizational integrity and protect against potential legal repercussions.
What's Next?
Employers are encouraged to review their investigation processes and ensure they are equipped to handle complaints effectively. The podcast suggests that companies may need to update their policies and training programs to prevent future issues. Additionally, organizations should consider the implications of cross-border investigations and seek local legal advice to navigate jurisdictional challenges. As regulatory scrutiny continues to rise, companies must remain vigilant in their approach to employment investigations.
Beyond the Headlines
The podcast highlights the broader implications of employment investigations, including the potential impact on company culture and employee trust. Effective investigations can foster a more transparent and accountable workplace, while failures in this area can lead to reputational damage and decreased employee morale. The discussion also touches on the ethical considerations of handling sensitive complaints and the importance of balancing transparency with confidentiality.
