Skill

legalcode-workplace-investigation

Guide workplace investigations end-to-end — from complaint intake and scope determination through investigator assignment, privilege preservation, document hold, witness interview protocols, credibility assessment, findings documentation, remedial action planning, and regulatory reporting. Applies to harassment, discrimination, retaliation, hostile work environment, OSHA/safety complaints, code-of-conduct violations, whistleblower allegations, time-and-attendance fraud, workplace violence, and misconduct investigations. Extends to compliance-driven, fraud, and false-claims investigations that arise in employment contexts. Covers: Faragher/Ellerth affirmative defense preservation (Title VII 42 U.S.C. §2000e); EEOC 2024 Harassment Guidance 5-factor credibility framework; NLRA §7 Weingarten rights (420 U.S. 251 (1975)) and NLRB Banner Health System confidentiality limits; SOX §806/Dodd-Frank §922/OSHA §11(c) whistleblower protection matrix; Upjohn warnings and FRE 502 work-product preservation; Stored Communications Act 18 U.S.C. §2701 limits on electronic evidence; FRCP Rule 37(e) spoliation avoidance; UK ACAS Code of Practice 1 (2015) disciplinary and grievance procedural requirements; Employment Rights Act 1996 s.98 fair dismissal and British Home Stores v Burchell [1980] reasonable-belief test; Equality Act 2010 employer liability; PIDA 1998 whistleblower protection; UK GDPR/Data Protection Act 2018 employee monitoring constraints; EU Whistleblowing Directive 2019/1937 reporting-channel and confidentiality obligations; GDPR Art. 9 special-category data in investigations; German BetrVG §87/§102 works council co-determination; French CSE consultation (Code du Travail L.2312-8); Dutch WOR rights. Produces: investigation complexity tier (PRELIMINARY / STANDARD / COMPLEX / CRISIS); scoped mandate; privilege strategy memo; legal hold notices; tailored interview guides; evidence matrices; credibility scorecards; SUBSTANTIATED / PARTIALLY SUBSTANTIATED / UNSUBSTANTIATED / INCONCLUSIVE findings; remedial action plans with disciplinary escalation; regulatory reporting decision matrices; board-ready investigation reports; and Glass Box audit trails. Jurisdiction-agnostic core with US/UK/EU [JURISDICTION-SPECIFIC] markers.