Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice. 

On October 20, 2007, Diana Maier, a partner at a San Francisco law firm, gave a talk on investigations in employment cases.

Not having adequate investigations creates liabilities for employers when there are reports on sexual harassment or employment complaints.  This is the situation even when the reports on harassment are between people who had consensual relationships.  It is a problem for an employer to start investigations only on the accuser.  If a company has a no dating policy, and people continue to date, the employer shows it anticipates problems with people dating in a company.  When people continue to date, the people take on the risks of being terminated, and not being able to report harassment to the company.

When terminating employees, employers should also investigate performance concerns.  The employer should not say that a termination is based on performance when they are not.  This makes people emotional and angry.  The employer is not required by law to give a reason for terminating an employee.  However, it is a violation of the law if the reason given is not the right reason.