 There
has been much in the news about the need to
investigate claims by employees
that they have been victims of discrimination or harassment.
In these matters, the
courts will conclude that if you did not investigate it, then
you must have condoned the bad behavior. Even when it is the employer
who is the victim, such as in cases of embezzlement or other
wrongdoing, there are so many potential traps in an investigation
(such as invasion of privacy, defamation, etc.), that many
employers are fearful of the ramifications of any investigation.
In
response to these
concerns, some employers
have tried to avoid
any problems by simply
terminating suspected
wrongdoers. The problem
is that these alleged
wrongdoers can also
sue you. If a fired
employee can establish
an express or implied
agreement not to
dismiss except for
good cause, the employee
would have the opportunity
to attack whether
or not good cause
really existed. After
all, if you did not
even investigate,
then how could you
have had good cause?
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