California Employment Law Update

Tag Archives: investigation

City Attorney Should Not Have Been Disqualified From Representing City

City of San Diego v. Superior Court, 2018 WL 6629322 (Cal. Ct. App. 2018) As part of an internal affairs investigation regarding the unauthorized disclosure of a confidential police report, the San Diego Police Department questioned detective Dana Hoover regarding communications she had had with an attorney who was representing her in an employment-related lawsuit … Continue Reading

Employee Who Reported Disability During Investigation Into His Alleged Wrongdoing Was Not Discriminated Against

Arteaga v. Brink’s, Inc., 163 Cal. App. 4th 327 (2008) Brink’s employee Carlos Arteaga was the subject of an internal investigation into various shortages totaling $7,668 that occurred while he was acting in his capacity as an ATM messenger. The investigation was conducted after one of Arteaga’s managers noticed there had been 16 shortages in … Continue Reading

Non-Union Employees No Longer Entitled To Have Representative Present During Investigatory Interviews

IBM Corp., 341 NLRB No. 148 (June 9, 2004) In this far-reaching decision, the National Labor Relations Board overruled its own recent decision in Epilepsy Found. of N.E. Ohio, 331 NLRB 676 (2000), and held that employees who are not represented by a union are not entitled to have a coworker present during investigatory interviews. … Continue Reading

Summary Judgment Affirmed In Favor Of Employer That Made Erroneous Statements About Former Employee

Noel v. River Hills Wilsons, Inc., 113 Cal. App. 4th 1363 (2003) Brandon J. Noel sued his former employer, River Hills Wilsons, Inc. (Wilsons), and a Wilsons manager, Shelly Santillan, for defamation arising from Santillan’s erroneous statements to a background investigator (Choice- Point) retained by Noel’s new employer (GTE) that Noel left Wilsons because of … Continue Reading
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