Investigations in the Workplace, 2nd Edition

Chapter 5

Legal Challenges and Litigation Avoidance*

Key Learning Points

1. Law is most easily defined as a system of standards and rules of human conduct that impose obligations and grant corresponding rights in which the rules provide for the creation, modification, and enforcement of those standards.

2. From the onset, the fact-finder must be thinking of one destination and one destination alone: the courtroom.

3. The first and foremost legal consideration when contemplating a workplace investigation is the right of privacy. That right extends ...