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When delivering our workplace investigation training, we often discuss the need to assume a wide readership for the investigation reports that we prepare, and to write accordingly. Few of us, however, should expect a readership that the investigators tasked with looking into allegations against the Rutgers men’s basketball coach knew that they would face. Video
When an employer is made aware of allegations of employee misconduct, employment lawyers generally advise that they are expected to respond fairly and conduct some form of investigation before reaching any conclusion on fault for the misconduct and any resulting discipline. Given the potential duration and cost of an investigation process, an employer may be
Since joining Rubin Thomlinson, I have had the opportunity to deliver workplace investigation training to hundreds of human resources professionals who are challenged in their workplaces to respond to issues of discrimination and harassment. During that time, I’ve noticed an increasing recognition of the duty to investigate these matters, and in some cases, I’ve seen
Setting a new “high-water mark” for damages in constructive dismissal cases in Ontario, a jury in Windsor, Ontario has awarded a former Walmart employee $1.46 million in damages, after finding that she was constructively dismissed. In delivering its verdict on October 10, 2012, the jury concluded that the employee had suffered abusive treatment, including mental
We are all familiar with sexual harassment as a subject matter for workplace investigations. In a post Bill 168 world, psychological harassment investigations are also becoming common. However, with an increasingly wired workforce dependent on electronic communication, we are in a new era in which employees are becoming victim to “textual harassment”. In our firm,
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