Workplace Retaliation In Post-Crawford Investigations

Law360, New York (August 4, 2009, 6:32 PM EDT) -- Workplace investigations used to be simply an honest search for the truth, in response to a protected claim, made pursuant to an effective workplace complaint procedure. Well, things just got more complicated.

As a result of the U.S. Supreme Court decision in Crawford v. Metropolitan Gov’t of Nashville & Davidson County,[1] employers must now be wary of unwittingly creating an entire class — indeed, an entire workplace — of “super-protected” employees.

Such is the possible status of the third party witness employee who merely responds to...
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