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Telling Employees to Keep Mum on Internal Probes Could Cost You

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InsideCounsel
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Daniel Altchek, counsel in Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group, wrote an article for InsideCounsel on the confidentiality of internal investigations. Altchek addresses the NLRB’s heavy restrictions on company policies that direct employees participating in internal investigations to refrain from discussing the subject matter of the investigation with their coworkers. “But as common as this practice may be, what most employers may not realize is that such confidentiality rules could be unlawful under the National Labor Relations Act (NLRA) — regardless of whether the employer is unionized,” writes Altchek.