When your organization is faced with a tough situation, I will partner with you to arrive at pragmatic solutions by evaluating all the factors, accurately calculate potential liability, and develop the most realistic and practical options for your organization and employees.    

Whether on an as-needed or retainer basis, you and your managers will have the ability to have HR questions answered quickly and efficiently, tailored to the specifics of both California and federal legal requirements, and your specific business model.  Your management will be empowered to make the business decisions necessary to stay competitive while mitigating legal risks. 

Employment Law

Knowing how to meet your legal obligations as an employer, while growing your organization, requires a “common-sense” approach which balances the law with your business needs, financial impact, HR practices, and public relations considerations.

I can develop or revise your human resources policies, procedures and practices to support your business, while protecting against legal liabilities. Potential pitfalls in your policies can be remedied before you experience negative consequences.  You can focus on running your business, confident that your HR practices will position your organization to avoid complaints and, should a claim arise, offer a solid defense.

Employee Relations

When a serious employee relations issue arises, it is often difficult to decide how to proceed. Lawyers filter their analyses through the lens of litigation while management is almost always solely focused on “making the problem go away”.

There is a no single solution to high-risk employee relations issues; each set of circumstances necessitates individualized attention due to the myriad of factors which must be considered.  The human and business implications of such complex situations require a solid methodology.   I evaluate the risks, analyze the likelihood of the range of risks, weigh the risk analysis against your business needs, and generate strategies which minimize legal risk and operational distractions.  

When your organization is faced with a challenging employee situation, I will partner with you to develop the most realistic and practical options for your organization and employees.

Workplace Investigations

Even when an employer provides its managers with the best trainings, it is almost inevitable that a complaint of harassment, discrimination or retaliation from a current or former employee will arise. Who you bring in to conduct an investigation is critical to demonstrating that your company took the complaint seriously and took the appropriate action by engaging an investigator with a legal background, complete impartiality, and solid experience in conducting investigations.

An employer can conduct an investigation utilizing internal HR resources.  However, there are often circumstances which may call into question the impartiality of an internal investigator or, in the case of serious allegations against a senior executive, requires a highly confidential investigation.  Furthermore, conducting an effective, neutral investigation is a specialized, professional skill. 

With extensive experience conducting prompt and thorough internal investigations, I possess keen skills in conducting interviews, managing challenging witnesses, meticulous data collection, as well as credibility assessments.  My goal in every investigation is to provide a concise, yet in-depth, report with reasoned conclusions that can be used by employers and their attorneys to make sound employment decisions.

Investigations can be conducted under the attorney-client privilege between myself and your organization, or without the privilege so that I may testify in a future deposition or trial related to the investigation.

I am a member of the Association of Workplace Investigators.

The Aftermath of an Investigation

One of the most difficult circumstances in which conflict arises is following an investigation in which both employees remain in the workplace.  Yet most employers simply tell the employees to “go back to business as usual”, not addressing the damage to their working relationship, which often bleeds beyond the two individuals.
 
This kind of unresolved conflict is particularly damaging to the workplace and highly likely to result in serious consequences, including widespread resentment, lower productivity, poor workplace morale and, of course, potential litigation.  If your organization has already conducted an investigation, facilitating a conversation aimed at repairing the working relationship is a critical step that should not be overlooked.

As a certified mediator, I bring the mediation and intervention skills necessary to alleviate this particularly difficult situation.  I make it possible for the parties get past a contentious investigation and focus on restoring their working relationship.   

Developing Better Managers

Most managers recognize obvious forms of harassment, discrimination and retaliation. However, many managers are unaware that their personal interactions, management or communication style may put them at risk for a claim of harassment, in addition to contributing to turnover and reduced employee morale. 

I offer individualized coaching/training to managers whose conduct, while not a policy violation or illegal, is creating problems in the workplace. Going the extra mile to train a manager on the less apparent ways upon which an employee could base a complaint can save your organization the tremendous expense and time of a lawsuit, as well help your managers create a positive working environment.

I am also available to provide trainings on harassment, discrimination and retaliation prevention which meet California legal requirements.

Helping Employers Prevent and Resolve Workplace Issues