"N.J. Investigators Offering False Information May Be Liable Absent Attorney-Client Relationship," Educator's Guide to Controlling Sexual Harassment
At the end of this article discussing the legal missteps in the harassment investigation in the case of Spinola v. The Town of Morrison, Littler's Eric Savage offers five tips for investigations that help employers avoid similar liabilities. Of the Spinola case, Savage says "I think the bigger problem -- and the more typical problem in this situation -- would be an allegation that the employer failded to investigate the claim thoroughly, properly, and fairly as evidenced that the investigating attorney was expressing skeptical opinions from the very outset of the interview."
