Keep Up with Current Employment Law Issues

The faithless servant doctrine allows employers to recover compensation paid to a former employee upon demonstrating that the employee engaged in disloyal and unfaithful conduct during his or her employment. This doctrine, grounded in agency law, offers protection and compensation for employers who discover wrongdoing by current or former employees, especially in situations where proving […]

Whether the employment relationship ends with a celebratory retirement party after many years, dissolves upon the decision of either party after a short time, or under other circumstances, all employment relationships eventually end. This article will briefly describe some of the provisions that should be considered by employers and executives for inclusion in a separation agreement.

Determining whether an internal investigation should be led by the organization’s Human Resources personnel, in-house counsel, regular outside counsel, or non-regular outside counsel will generally hinge on the nature of the allegations and the target(s) of the allegations. Although HR personnel often conduct routine internal investigations, having them do so where litigation is reasonably anticipated in connection with the facts underlying the investigation is likely to result in the results of the investigation not being protected by the attorney-client privilege.  For that reason, and because of the expertise and experience that suitable counsel bring to an investigation, counsel should often be used to conduct an internal investigation.