On October 7, 2013, the United States District Court in Massachusetts issued a ruling discussing the potential problems associated with hiring your defense lawyer to perform investigations into employee misconduct. The case of Koss v. Palmer Water Department is discussed below.
What You Need To Know. If you want to conduct an investigation into employee misconduct. You need to bring in an independent investigator as opposed to your regular defense counsel. Because the investigator could be called as a witness at a subsequent trial and ordered to turn over all his or her work papers, you don’t want your defense lawyer conducting the investigation, testifying as a witness, and being barred from representing you.
The Palmer Water Department received a sexual harassment complaint brought by one of its employees. If that happened to you, what to do? Continue reading