Emmy red carpets and HR investigation reports: Both put you on display. The red carpet critics will mercilessly pick apart every last detail—from hemline to cuff line, from wing tip to stiletto. No doubt, plaintiff’s counsel will play the critic on an HR investigation report. There’s no hiding the flaws.
Helping the HR investigator write the report has its downsides—the attorney-client privilege isn’t iron clad. Some courts have blurred the lines on the privilege. They say that an attorney working with HR during an internal investigation was actually providing business advice. Check out Koumoulis v. Independent Financial Marketing Group out of the Eastern District of New York (2013). Other courts have made nearly the same move.
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