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An Employer's Guide to Conducting Internal Investigations
Disgruntled employees raise issues every day, and every day employers respond by conducting some type of internal investigation. To warrant an immediate and thorough internal investigation, employee complaints need not be in writing or 'formally' made. The key ingredient in any investigation is preparation.
Be mindful that a complaint is not always the event that triggers a company's duty to investigate. The duty arises when an employer observes acts or statements that suggest prohibited activity. Prudent employers often investigate even without a clear legal mandate. An employee complaint can be about virtually any aspect of the employment relationship, but the most frequently raised concerns deal with harassment, discrimination, ethical violations and retaliation. Whatever the complaint, recent legal decisions have made certain that employers have an unequivocal duty to investigate promptly and thoroughly as soon as the employer is put on notice of possible wrongdoing. See Hardage v. CBS Broad, Inc, 427 F.3d 11 (2005).
In addition to general employment statutes, the Sarbanes-Oxley Act (SOX) provides a broader level of protection for employees who file internal complaints. While relevant to publicly tra-ded companies, these complaints apply to private companies pursuant to various federal and state 'whistleblower' regulations. See Bechtel v. Competitive Tech. Inc., 2005-SOX-00033 (5/29/05). Further, filing a SOX complaint does not preempt other causes of action so an individual with a whistleblower issue is likely to file a claim under other employment laws. Whatever the complaint, the investigation should focus on rendering a proper business decision.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?