Archives: Investigations

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Court Allows Retaliation Claim to Proceed Where Reason for Termination was Unclear

An EMT can proceed with his retaliation claims where he presented sufficient evidence to require a trier of fact to determine whether his former employer’s asserted reason for terminating his employment is pretext for unlawful retaliation under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law, a … Continue Reading

Physician Whose Clinical Privileges Were Revoked Can Proceed With Hostile Work Environment Claim, Court Finds, But Dismisses Antitrust Claim

A physician may proceed with her hostile work environment claims after a hospital revoked her clinical privileges, but may not continue with her antitrust claims because she failed to plead an antitrust injury, a federal district court ruled.  Levitin and Chicago Surgical Clinic, Ltd v. Northwest Community Hospital, et al., No. 13 C 5553 (N.D. … Continue Reading

Two Recent NLRB Decisions Affecting Employer Investigations and the Issuance of Discipline

Despite the yet-unanswered question of the validity of NLRB rulings since President Obama’s “Recess Appointments” in January 2012, healthcare employers should be aware of several recent decisions that will affect the industry. In Alan Ritchey, the Board held for the first time that, where a collectively bargained grievance and arbitration system does not exist, as … Continue Reading

Ruling in Noel Canning Leaves Unanswered Questions For Internal Investigations In Healthcare Industry

The U.S. Court of Appeals for the District of Columbia Circuit has ruled in Noel Canning v. NLRB et al., Nos. 12-1115 and 12-1153 (D.C. Cir. Jan. 25, 2013), that President Obama’s “Recess Appointments” of three new NLRB members in January 2012 were unconstitutional and, as a result, the Board lacked any constitutional authority to … Continue Reading

Employer’s Suggestion To Employees To Avoid Discussing Internal Investigations Violates Labor Law, NLRB Finds

The commonplace employer practice of asking employees to refrain from discussing internal investigations with co-workers has come under attack from the National Labor Relations Board.  In Banner Health Sys. d/b/a Banner Estrella Med., Ctr., 358 N.L.R.B. No. 93, 7/30/12, the National Labor Relations Board (“NLRB”) held in a 2 to 1 decision that employees’ rights … Continue Reading
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