Government Contracting
Keeping Your Investigations Privileged May get Your in Hot Water with the NLRB
Daniel Altchek, counsel in Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group, wrote a second article for InsideCounsel on the confidentiality of internal investigations. In a recent InsideCounsel article, Telling Employees to Keep Mum on Internal Probes Could Cost You, he discussed how the National Labor Relations Board (NLRB) holds that employees, whether or not they are unionized, have a right under the NLRA to discuss with their co-workers disciplinary matters and other terms and conditions of employment that are often implicated by internal investigations. Unless there is basis for believing that an investigation may be corrupted for various reasons, requiring employee confidentiality will most likely be unlawful under the NLRA. Altchek’s most recent article further explores this issue and reviews the law of attorney-client privilege as it relates to internal investigations.
