The Why and How of Starting Misconduct Investigations

By Dan Gephart, May 13, 2024 There’s a buzz at your agency about potential misconduct taking place. It’s been suggested you perform an administrative investigation. This is somewhat new to you, and you have questions, mostly: What’s the goal of the investigation? How...

The Clean Record Provision is Not Always So Clean

By Dan Gephart, April 15, 2024 If you’re thinking of using a clean record provision to settle a potentially expensive and litigious employment law situation, you’re not alone. But while clean record agreements are a popular alternative disciplinary tool, they are not...

And Now a Word With … EEOC Commissioner Kalpana Kotagal

By Dan Gephart, April 1, 2024 The most recent addition to the Equal Employment Opportunity Commission has vast experience in DEIA issues, including co-authoring the Oscar ceremony-famous “Inclusion Rider” (more on that later). When Commissioner Kalpana Kotagal agreed...

Use These Tips to Improve Your Douglas Factor Analysis

By Dan Gephart, March 11, 2024 With the constant changes in Federal employment law over the last several years, it’s sometimes easy to forget not only how useful the Douglas factors are when determining a reasonable penalty for employee misconduct, but also how long...

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