Here at Carcich O’Shea, our attorneys have vast experience in representing management in employment and labor law matters. We also specialize in assisting employers understand employment laws so that they do not violate any statute. Our expertise includes training and educating employers about harassment and discrimination claim investigations. It is important to know that employee training and proper investigations can reduce the legal costs and employer exposure in the case of inevitable litigation.
New Jersey law mandates that an employer has to conduct appropriate investigations of any potential workplace harassment complaints. Workplace training and investigations are an integral part of resolving alleged misconduct and harassment in the workplace. As a professional employer, conducting an inadequate investigation of a report of discrimination or retaliation can create liabilities for your company, and potentially lead to even more damages. Furthermore, the decisions that an employer makes due to a badly conducted investigation can lead to detrimental consequences.
Employers have to make sure that they follow an investigation process that is fair for all the implicated parties. This investigation has to consider the relevant information before the enforcement of discipline on the accused.
Hiring an attorney to render help to an employer during an investigation is more important than you think. An attorney will be able to guide the employer on what to do so that liabilities can be avoided, and their legal rights would be protected. Apart from holding workplace training, attorneys can review the harassment/discrimination complaint so that a proper investigation report can be documented.
Workplace training and investigation attorneys can also assist clients in interviewing the parties involved and make proper documentation of their statements. Reports that the attorney writes will include detailed analysis and evidence. Attorneys can also help to recommend the most appropriate corrective action based on the facts of the case and the type of policy violations that are involved in the complaint.
It is important to first consider if the investigation should be carried out by someone from the same organization or from an external one. Your attorney should be able to advise you on whether there might be potential bias involved if the investigation is held internally. They would also be able to tell you if a specific skill should be considered based on the nature of the investigation and the case in question.
Your attorney would be able to tell you if the evidence that was collected can be authenticated or whether or not it might be admissible in court. An attorney can also decide how much importance should be placed on different pieces of evidence.
It is important to document every step of the investigation and write it in an accurate manner. You have to bear in mind the audience and whether or not the evidence supports the final conclusion. It should also include the actions that are recommended.
Before the debrief, you have to consider whether any risks have been identified from the investigation. It should include trends that are observed in the investigation as well.
Your attorney will guide you on the type of questions to ask and even details like where the interview should be conducted for maximum effectiveness.
In representing both small businesses and employees, our philosophy is to provide employers with the necessary information and training to ensure a safe and productive workplace. In regard to employees whether dealing with discrimination, sexual harassment, hostile workplace, medical leave or other workplace issues we can provide guidance and peace of mind.
Carcich O’Shea, LLC is dedicated to bringing justice to your
situation. We listen to your situation and provide the best possible way to get a settlement from your
claims. You’re hiring top-notch attorneys by working with us! Mr. Carcich was recently selected for
Super Lawyers, whereas Ms. O’Shea has been named in (201) Magazine’s “Bergen’s Best Attorneys”. We will
manage your case from beginning to end.
If you have more questions about our legal expertise in employment litigation, feel free to contact
us today. Alternatively, you may call us at 201-988-1308 or send an email to
carcichoshea@gmail.com
.
Sheila represented me in two relatively complicated employment litigation matters, both of which resulted in favorable outcomes for me. Sheila impressed me as knowledgeable, accessible, diligent, and exceedingly professional. Her excellent “bedside manner” helped to minimize stress that I know is somewhat inevitable in litigation. I highly recommend Sheila to prospective clients wholeheartedly and without reservation.
I retained the services of Sheila O’Shea-Criscione to represent me against harassment and discrimination in my place of work. She came highly recommended and did not disappoint. Sheila directed me to the right course of action, clearly explaining each step and expected outcome. She was consistently available via phone, email, or text for emotional and professional support. Sheila is an excellent attorney and a warm, kind person. In the midst of a difficult situation, she paved the way to a successful outcome. I am a stronger and more confident person thanks to Sheila!
Sincerely,
Marie Coschigano
After numerous harassment and bullying encounter with my superiors, I was desperate for guidance and help as to what my legal rights were to try and put a stop to this behavior.
I turned to a number of attorneys. After talking on the phone, all declined to take my case. Sheila was the only one who took my call and then invited me to her office to explain my situation, from that first meeting until she resolved the case, she guided and supported me. She was never tired of my phone calls and text messages. There were times when I was on the verge of resigning, but she encouraged me and told me to hang in there and be patient. She was convinced of a positive outcome if we stuck with her “game plan” even when I became skeptical and began to doubt the direction we were going.
If you should ever need legal assistance, I highly recommend Sheila – a great lawyer and a wonderful person.