Keith Markel, Alana Mildner Smolow and Kayla West Publish Best Practices for Conducting Investigations Related to Misconduct Allegations in The Fashion Law

Partner Keith Markel, co-chair of Morrison Cohen’s Labor & Employment Practice and Luxury Brands Group, along with Alana Mildner Smolow and Kayla West, associates in the Luxury Brands Group, co-authored an article in The Fashion Law entitled “What Retail Employers Need to Know Amid Rising Allegations of Misconduct.” In response to recent news about high-profile retail executives resigning over misconduct allegations, the authors provide retail employers with best practices on investigating allegations of misconduct in the workplace, including:

Establish Clear Complaint Policies – Policies should clearly outline the processes for raising internal complaints of misconduct, especially related to workplace discrimination, harassment and retaliation, including who at the company is authorized to accept such complaints, how to contact these individuals and any preferred format for doing so.

Assess Whether an Internal Investigation is Warranted – A particular complaint may involve consulting legal counsel to evaluate the benefits and potential risks of an internal investigation.

Choose an Investigator – The right investigator is often paramount for establishing credibility. While many investigations can be handled internally by Human Resources, it is not always the best solution to avoid potential future liability.

Conduct Investigation with Care – Handle the investigation in a prompt, impartial and thorough manner. Ensure the investigation is consistent with written policies and applicable law. Carefully consider who to interview, prioritizing those with firsthand knowledge of the alleged events.

Gather Documentation – Investigators should collect and review all relevant facts, documents, communications and records related to the scope of the investigation, including copies of relevant emails, text messages, surveillance footage, notes, reports, etc.

Post-Investigation Protocol – Report findings to management or other appropriate stakeholders. Monitor the workplace after the investigation has concluded to prevent any potential retaliation against the employees involved. If allegations have become public, carefully consider the message being disseminated both internally and externally in order to mitigate any reputational harm to the company.  

Read the full article here.