To learn how to encourage witnesses to fully share information with you, read Jay Sherman’s article published by the Ventura County Bar Association: Sherman July 2016 VCBA
The Importance of Empathy in Workplace Investigations
Romeo Mendoza complained to his employer that he was being sexually harassed by his supervisor. After performing a perfunctory investigation (only Mendoza and his supervisor were interviewed), the employer determined that both Mendoza and his supervisor had engaged in inappropriate sexual conduct in the workplace. Both Mendoza and his supervisor were then discharged. Mendoza sued for wrongful termination and retaliation, and the jury awarded him $238,328. On appeal, defendants contended that since the employer’s decision to fire Mendoza was made in good faith based on the factual findings of a workplace investigation, defendants were not liable as a matter of law pursuant to Cotran v. Rollins Hudig Hall International, 17 Cal.4th 93 (1998).
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