Extreme Pressure Tactics in Investigatory Interviews May Create Employer Liability

A recent decision from the Southern District of New York serves as a cautionary example for employers investigating suspected employee misconduct. Shkreli v. JPMorgan Chase Bank, N.A., 13 Civ. No. 5647 (LGS) (S.D.N.Y. March 27, 2015). During an internal review, JPMorgan Chase Bank (“Chase”) began to suspect that one of its Personal Bankers – Robert […]

SCOTUS Addresses EEOC’s Conciliation Obligation in Mach Mining, LLC v. Equal Employment Opportunity Commission

On April 29, 2015, the Supreme Court issued a decision in Mach Mining, LLC v. Equal Employment Opportunity Commission that addressed a disagreement among the Circuit Courts on whether employers have grounds for challenging the adequacy of the EEOC’s efforts to resolve allegedly discriminatory practices through informal means before resorting to litigation.  In some cases, […]

Navigating Sensitive Conversations

A senior executive exhibits behavior that might indicate substance abuse; an employee coping with side effects of pain medication becomes accusatory and combative; an employee seems not to understand the difference between whistleblowing and insubordination – these situations require a firm, timely, and sensitive response that many managers are ill-prepared to provide. Internal business pressures […]