Internal Company Investigations and the Employment Relationship

Forside
Greenwood Publishing Group, 1994 - 211 sider

Freedman focuses on investigation of employees by their companies and organizations, delineating the rights and obligations of the employer and the rights and privileges of the employee in the employment relationship. Internal company investigations have in recent years become widespread as companies and corporations seek to ferret out internal problems. Officers and directors as well as employees have been subjected to the internal investigative process. But the content of these internal investigations and the precise procedures utilized by the company or corporation are simply unknown for the obvious reason that no company or corporation wants to publicize the fact of investigation, or wash its dirty linens in public! Unless such inside secrets are disclosed in the course of litigation, the author of any text on internal investigations cannot detail the pragmatic substance of the internal investigation. The point is simply that the internal investigation process generally remains confidential until disclosed by the participants.

There are, however, guidelines to the internal investigation that are available, and the author has utilized every known facet of the investigative process to spotlight what the internal investigation is all about. Factors such as the right to privacy; whistleblowing; discrimination based on age, sex, race, national origin, religion, etc.; drug-testing and alcohol-testing; as well as prime causes of discharge or termination of employment are all relevant, and are delineated hereinafter. In most instances, these factors are evidenced by decided cases, thereby establishing precedents and background for the author's conclusions. In view of the increasing amount of litigation in this field, Freedman's treatise will be valuable to bench and bar, and as a guide will be useful to executives in corporations and organizations throughout the private and public sectors.

 

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Utvalgte sider

Innhold

The Internal Investigation Defined
1
102 PURPOSE OF THE INTERNAL INVESTIGATION
3
104 SHIELDING INTERNAL INVESTIGATIONS
5
105 THE PRIVILEGE OF CRITICAL SELFEXAMINATION
6
The Employment Relationship Defined
13
202 EMPLOYER AND EMPLOYEE DEFINED
14
203 EMPLOYER LIABILITY FOR ACTS OF EMPLOYEES
15
204 ROLE OF INSIDE OR HOUSE COUNSEL
18
503 ATTORNEYCLIENT PRIVILEGE
84
504 WORKPRODUCT PRIVILEGE
88
505 ANALYSIS OF THE PRIVILEGES
89
506 EX PARTE INTERVIEWS OF EMPLOYEES
91
507 OTHER FACTORS IN INVESTIGATIVE TECHNIQUES
92
508 THE ROLE OF OUTSIDE COUNSEL
95
Selected Litigious Issues in the Internal Investigation
107
602 WHISTLEBLOWING AND RETALIATORY DISCHARGE
110

205 INTERFERENCE WITH EMPLOYMENT RELATIONSHIP
19
206 GOOD FAITH AND FAIR DEALING
22
The Hiring Process Formation of the Employment Relationship
29
303 PREEMPLOYMENT INQUIRIES
30
304 INTERVIEWING THE PROSPECTIVE EMPLOYEE
31
305 REFERENCES AND BACKGROUND CHECKS
32
306 NEGLIGENT HIRING
33
307 PREEMPLOYMENT TESTING
34
308 HIRING OF MINORS
35
309 AGREEMENTS NOT TO COMPETE RESTRICTIVE CONVENANTS
36
310 FRAUD AND MISREPRESENTATION
40
Operation of the Employment Relationship Bases for Internal Investigations
47
402 EMPLOYMENTATWILL DOCTRINE
50
403 TERMINATION OF EMPLOYMENT GENERALLY
53
404 MEDICAL SCREENING OF EMPLOYEES
56
405 EMPLOYEE DISHONESTY GENERALLY
60
406 EAVESDROPPING AND SURVEILLANCE OF EMPLOYEES
62
407 FALSE IMPRISONMENT MALICIOUS PROSECUTION AND ABUSE OF PROCESS
65
Internal Company Conduct of Investigations
81
502 THE ROLE OF INSIDE OR HOUSE COUNSEL
83
603 DISCRIMINATION IN EMPLOYMENT
115
604 SEXUAL HARASSMENT IN THE WORKPLACE
125
605 CAUSES OF DISCHARGE OR TERMINATION OF EMPLOYMENT
133
606 LAYOFFS WITHOUT LAWSUITS
141
607 PERSONAL MATERNITY AND OTHER LEAVES OF ABSENCE
143
608 PROTECTION OF EMPLOYER AND EMPLOYEE RECORDS
144
609 EXPERT EVIDENCE
146
Other Aspects of Internal Investigations
171
702 STATUTE OF FRAUDS
173
703 EMPLOYERS PERSONNEL POLICIES AND THE EMPLOYMENT CONTRACT
174
704 INFLICTION OF EMOTIONAL DISTRESS
175
705 DENIAL OF MEMBERSHIP IN A GROUP
178
706 EMPLOYEREMPLOYEE DISPUTE RESOLUTION WITHOUT LITIGATION
179
707 FAIR PROCEDURE SYSTEMS
180
708 THE INTERNAL PROBE REVISITED
183
709 ETHICAL DUTY AND OBLIGATION OF INSIDE OR HOUSE COUNSEL
184
710 EXHAUSTION OF REMEDIES GENERALLY
190
Table of Cases
199
Index
209
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Om forfatteren (1994)

WARREN FREEDMAN has written more than 45 legal treatises, more than 100 law review articles, served as State Trial Referee in Connecticut and a Hearing Examiner in New York, and continues to lecture at various educational and legal forums. He served as an Attorney Examiner with the Federal Trade Commission, a member of the faculty of Rutgers University School of Law, practised law in his own New Rochelle, New York law firm, and for many years was Assistant Secretary and Legal Counsel of Bristol-Myers Squibb Co.

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