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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