LAW OFFICE OF JANICE M. GORDON

15760 Ventura Boulevard

7th Floor

Encino, California 91436

Phone: (818) 760-1432

Fax: (818) 760-1325

 

As an employment litigator, Ms. Gordon has reviewed many claims of discrimination and/or harassment or where employee misconduct is alleged. She has evaluated the adequacy of a company's investigation and the company's response to such claims. She has also defended such investigations. In light of recent decisions an employer should make sure that an independent, impartial person conduct the investigation who understands the techniques in conducting such investigations.

Cases can be won or lost based upon the quality and adequacy of the investigation. Ms. Gordon is uniquely qualified to review claims, and/or perform such investigations. As an independent attorney-investigator, who has no other interest in the matter, she can avoid claims of conflict of interest, unlike human resources personnel, or in-house or retained counsel. She will review claims and/or investigate based upon the following criteria:

  • Discrimination and harassment claims require an immediate response. An investigation should be undertaken promptly.

  • All claims should be taken seriously.

  • Interviews should be conducted of all potential parties and witnesses. All interviews should be documented as to time, place and date of the interview. The results of the interviewers investigation will be discoverable. The interviewer should make sure to take steps to keep the interviews as confidential as possible, and advise the witnesses to avoid gossiping about the investigation.

  • Review all documentary or other tangible evidence available.

  • Inform the complainant and parties of the procedures to be used in the investigation and estimate how long the investigation will take.

  • Keep the results of the investigation as confidential as possible. Do not promise absolute confidentiality.

  • Follow up with the complainant and any other parties, regarding the results of the investigation, any disciplinary or remedial measures taken, and expectations of future conduct.

  • Make sure the complainant is aware that there will be no retaliation, and that any further problems should be reported immediately.

  • Follow up with the complainant to make sure that the problem has been resolved.

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