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ARTICLE · 17 AUGUST 2012

NLRB: Internal Investigations Under Attack?

Godfrey & Kahn S.C.
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For decades it has been common practice for employers to prohibit employees from discussing ongoing internal human resource investigations.

United StatesEmployment and HR
C. Wade Harrison
C. Wade Harrison

For decades it has been common practice for employers to prohibit employees from discussing ongoing internal human resource investigations.  Why?  Such a practice helps to protect the integrity of the investigation, reduces the likelihood of unlawful retaliation, and curbs the churning of the rumor mill, which can lead to a variety of undesirable workplace issues.  In a ruling that has sent shockwaves through the human resources world (Banner Estrella Medical Center Case Number 28-CA-023438), decided on July 30, 2012, the National Labor Relations Board (NLRB) has now declared that prohibiting employees from discussing ongoing investigations may violate the National Labor Relations Act (NLRA). 

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