Investigations of Today Are Litigation of Tomorrow
The investigations of today are the litigation of tomorrow. Not because investigations cause litigation–a well-conducted investigation can actually help avoid litigation. Rather, the issues we see as investigators now are the issues to be litigated six months from now. So here is what is what we see as investigators–Allegations of:
– Harassment and discrimination. Many workers, especially essential workers still reporting to work, are stressed and leadership is frequently delivering bad news. Not always in the best way. High pressure and high stress on the part of leaders and employees results in an increase in these allegations.
– Whistleblower-type retaliation, as essential workers require, and may not always be able to obtain, protective equipment they need to be, or feel, safe.
– Disability discrimination, as workers ask for alternate work arrangements that employers feel they cannot grant.
– Inappropriate conduct over chat, email, text, zoom (more than ever).
Employers, do what you can to get ahead of and investigate these issues, and employment litigators, you may be slow now, but our prediction is that you should prepare for an uptick in litigation this fall!