July 26, 2016
Barbara E. Hoey, chair of Kelley Drye’s Labor and Employment practice group, was quoted in the Compliance Week article, “Second Circuit ruling gives legal backing to Yates Memo.” The article addresses Gilman v. Marsh & McLennan, a recent federal appeals court ruling affirming that companies have cause to terminate employees who refuse to cooperate in internal investigations. The decision is beneficial to any company that faces allegations of corporate misconduct and seeks cooperation in a government or internal investigation.
According to Ms. Hoey, the Gilman decision serves as a reminder to have language about the company’s internal investigation policy in the Code of Conduct and employment contracts for senior executives. Ms. Hoey said, “It’s essential to have those written policies. If you don’t have it in your policies, it’s going to be hard to require the cooperation that you need.”
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