Barbara Hoey Quoted on Internal Investigations in Compliance Week
In the article, I pointed out that employers must distinguish between the personal rights of employees and their obligations to the company. The Gilman decision confirms that in many cases, including harassment investigations or other investigations of workplace misconduct, an employee’s refusal to cooperate in an internal investigation will constitute a valid cause for termination. This decision serves as a reminder to have language in the Code of Conduct, employment contracts for senior executives and corporate bylaws about the company’s internal investigation policy. “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.”
The full article can be found here.