Companies necessarily place a lot of faith and trust in their employees. Although employees’ day-to-day performance may vary based on a variety of factors, at the very least businesses assume employees will behave loyally and lawfully, refraining from clear and obvious misconduct. Unfortunately, employee-related or caused crises – such as employee raiding, trade secret theft, fraud and embezzlement, drug use, violence, sexual and other forms of harassment, data breaches and workplace accidents – happen all too often. And when they do occur, they often present major headaches in the form of legal risk, regulatory issues and potentially a public relations disaster.
We work with clients to manage an employee-caused or related crisis through various prevention, response and recovery measures.
Our crisis management team has worked with clients in a variety of industries, including the banking, insurance and health care fields. We have provided representation across the country before all different types of tribunals, including state and federal courts and federal and state regulatory agencies, such as the National Labor Relations Board, Department of Justice, Department of Labor, Equal Employment Opportunity Commission, Occupational Safety and Health Administration, and Office of Federal Contract Compliance Programs.
We assist clients early on so that they can avoid a crisis before it hits. Among other things, we conduct internal audits to assess our clients’ state of readiness in a host of crisis-causing areas. We also work with our clients to develop preventative workplace policies, training programs and employee agreements that both protect them from certain crises and enhance their ability to respond and minimize the harm caused in the event of a crisis.
Response and Recovery
Our team responds quickly when a crisis does strike, working with our clients to limit and remediate the damage caused. Whether it is an internal investigation, counseling an employer in real time as to how to minimize or eliminate the risk of further damage and misconduct, engaging outside assistance (such as law enforcement, forensic accountants, private investigators, communications specialists and employee counselors), developing employee messaging about the crisis, seeking immediate injunctive relief to stop misconduct, recovering damages in court, or other action, we have the experience and judgment that counts.
In responding to a crisis, we understand that businesses have to balance sometimes competing, but important, interests, such as an employer’s obligation to maintain a safe work environment, employee privacy concerns, anti-retaliation obligations, sensitivity to employee disabilities, cost concerns and other legal rights that come into play. We also appreciate the need to secure and preserve evidence during and after an investigation, including electronic and paper records.